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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
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,S 11/26/86 x
00CKETED
. USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'86 DEC -1 A10:43 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g_g GCCr. ,
In the Matter of )
)
PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 OL-1 NEW HAMPSHIRE, et al. ) 50-444 OL-1
) On-site Emergency Planning ,
(Seabrook Station, Units 1 and 2) ) and Safety Issues NRC STAFF BRIEF IN SUPPORT OF ITS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW I. INTRODUCTION Evidentiary hearings were first held in this proceeding in August 1983. On November 4,1985, the Licensing Board reopened the record to receive supplemental evidence on three outstanding contentions (NECNP I.D.2, NECNP III.1, and New IIampshire 20). The Board also indicated it
- would take evidence on New Hampshire Contention 10 if it was not
. informally resolved by the parties. Applicants' Proposed Findings,
! 11 13, 22.
Reopened evidentiary hearings were held from September 30 through October 3,1986, during which time the Board took evidence on the three issues (other than offsite emergency planning issues) remaining in this proceeding. These issues involved the time durations for environmental qualification of electrical equipment (NECNP Contention I.B.2); the adequacy of the Seabrook emergency classification and action level (EAL) scheme (NECNP Contention III.1 and New Hampshire Contention 20); and the deferral of improvements to the Seabrook safety parameter display 1
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s system (SAPL Supplemental Contention 6, which replaced New Hampshire Contention 10). Applicants' Proposed Findings, 11 23-25.
For the reasons presented below and in the NRC Staff Proposed Findings of Fact and Conclusions of Law submitted herewith, the Staff submits that these issues should be resolved in favor of authorizing plant ,
operation and the Board should enter an order accordingly.
II. ENVIRONMENTAL QUALIFICATION OF ELECTRICAL EQUIPMENT The testimony offered by Applicants and Staff on this contention i
(NECNP Contention I.B.2) demonstrated that the Applicants have specified the time durations for the environmental qualification of electrical equipment important to safety at Seabrook in accordance with applicable Commission regulations and regulatory guidance, contrary to the NECNP's assertion. Witnesses were presented on this issue by Applicants and Staff at the hearings held in 1983 and 1986. No witnesses were presented by NECNP, who sought to prove its case entirely through cross-examination.
l The regulatory standards for .the environmental qualification of electrical equipment important to safety are set forth in 10 C.F.R.
Part 50, Appendix A, GDC 4, and in 10 C.F.R. I 50.49. Regulatory l guidance is provided in NUREG-0588, Revision 1, and Reg. Guide 1.89, Revision 1, of wnich the Board took official notice. Staff Proposed Findings , 11 3-4. The Applicants have specified the qualified life for all such electrical equipment, including the pre-accident , accident, and post-accident time durations. Id., 11 5-6. The Applicants demonstrated to the Staff's satisfaction that these time durations meet or exceed the
i operability times provided for in applicable regulatory guidance. M.,11 7-12, 16. The Staff's conclusion was based upon its review of the Applicants' submitttals and the results of its on-site EQ audit. .Id., if 12-16.
NECNP conducted cross-examination of the Applicants and Staff's witnesses. This cross-examination generally sought to prove that the Applicants' representations and the Staff's conclusions are unreliable.
The evidence, however, simply does not support NECNP's assertions.1_/
Rather than recite the cross-examination testimony at length, the Staff refers to and incorporates the relevant portions of our Proposed Findings herein. See Id., 11 13-15, 17-29. Based upon the evidence presented, the Staff submits that the Board should resolve this contention in favor of Applicants.
III. EMERGENCY CLASSIFICATION AND ACTION LEVELS Both NECNP and New Hampshire raised contentions challenging the adequacy of the Seabrook emergency classification and action level (EAL) scheme. The contentions are reprinted in full in the attached Staff Proposed Findings at i 31. During hearings held in 1983, both NECNP 1_/ NECNP unsuccessfully sought to introduce two reports prepared by Sandia National Laboratories under contract to the NRC, identifed as NECNP Proposed Exhibits 2 and 3. See Staff Proposed Findings, at i 19, n.4. These proposed exhibits were properly excluded by the Board, for lack of a proper sponsoring witness who could submit to cross-examination on their contents. Tr. 471-72. See generally Duke Power Co. (William D. McGuire Nuclear Station , Units 1 and 2), ALAB-669, 15 NRC <53, 477 (1982). In any event, the Board permitted NECNP to conduct unlimited cross-examination of the Applicants' and Staff's witnesses based upon these two documents, and no prejudice may be said to have resulted from their exclusion from evidence. See Tr. 472-73. Compare, ALAB-669, supra,15 NRC at 478.
i and New Hampshire engaged in active cross-examination on these contentions. At that time , the Seabrook EAL scheme was incomplete.
Staff Proposed Findings at 11 41-42. At the reopened hearing in 1986, the testimony indicated that the EAL scheme is now complete and has been reviewed and found acceptable by the NRC Staff. M.at1142-48.
Neither New Hampshire nor NECNP engaged in cross-examination on this issue at the reopened hearing; nor did either party file proposed findings of fact on the issue. The uncontroverted evidence of record indicates that Applicants have developed an acceptable emergency action level and classification scheme that complies with the applicable requirements of 10 C.F.R. I 50.47 and Part 50, Appendix E. M. at T 48.
It is unclear whether either New Hampshire or NECNP continues to pursue this contention. EI To the extent that Board findings are required , the Staff submits that the findings of fact on this issue submitted by the Staff (%S 31-48) and by Applicants (ff 27-43) provide ampic and uncontroverted justification for resolution of this issue in favor of authorizing plant operation.
IV. SAFETY PARAMETER DISPLAY SYSTEM On July 25, 1986, Applicants filed a motion for summary disposition of SAPL Supplemental Contention 6 which challenged the adequacy of the
-2/ If the issue is no longer in controversy, the appropriate findings thereon should be made by the NRC Staff. Philadelphia Electric Co.
(Limerick Station, Units 1 and 2), ALAD-830, 23 NItC 59, 60 (1986).
4
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, i
'. ~5-Seabrook control room design review and the safety parameter display system (SPDS). The Staff filed a response in support of Applicants' motion on August 18, 1986. Insofar as the SPDS was concerned, the Staff had identified six deficiencies in the course of its review, along with five additional open items. 3_/ Eckenrode Affidavit attached to Staff Response, 1 15. The Staff nonetheless took the position that the deficiencies and open items did not pose a threat to the safe operation of the plant, that a complete SPDS is not a requirement for initial licensing, and that final resolution of the 11 items for which corrective action may be warranted could be deferred until the completion of the filat refueling outage. Staff Response at 12-14.
The Licensing Board granted Applicants' motion in part, and sum-marily disposed of that portion of SAPL's contention dealing with the Seabrook control room design review. Elemorandum and Order of September 15, 1986, LBP-86-30, SHp op. at 18. The Board, however, did not grant summary disposition of the SPDS issue. Although the Board found that SAPL had never identified any safety problems that might arise in deferring corrective actions with respect to the SPDS until the first refueling outage (M., Slip op. at 16), the Board set for hearing the question of whether, in light of the 11 iteme identified by the Staff for possible corrective action, "there is reasonable assurance that, in deferring improvements to the SPDS until the first refueling outage, the
-3/ The rix deficiencies and five open items are listed in Staff Proposed Findings, f 55.
4 Safety of the population in the immediate vicinity of the plant will be protected." d., at 19.
The Staff continues to believe that the Licensing Board erred in not granting summary disposition of the SPDS portion of SAPL Supplement 6.
At no time in this proceeding has SAPL ever provided any factual basis to challenge the Staff conclusion that deferral of the resolution of the 11 items identified by the Staff could safely await the completion of the first refueling outage.
In any event, the Board was quite clear in LBP-86-30 that the only issue for hearing with respect to the SPDS would be whether the Staff conclusion that any corrective actions could safely wait untti the completion of the first refueling outage was factually correct. In its brief filed in support of its proposed findings, SAPL seems to argue that, as a matter of law , completion of the SPDS is required prior to initial licensing. SAPL Brief at 2-4. This argument fails for a number of reasons. First, it is not at all responsive to the issue identified by the Board in LBP-86-30. If SAPL wished to file a motion for reconsideration of the Board's Order, it should have filed a motion in a more timely fashion.
Second, it is settled law that an agency's interpretation of its regulations is controlling unless clearly erroneous. Tele-Media Corp.
- v. FCC, 607 F.2d 402 (D.C. Cir. 1983). There is nothing in NUREG-0737 which dictates that a completed SPDS is a prercquisite to initial licensing, and the Staff has consistently interpreted item I.D.2 of NUREG-0737 to the contrary. Eckenrode, ff. Tr. 822 at 3. In fact, not only has the Staff applied a consistent policy of not treating the l
l
completed implementation of an SPDS as a precondition to initial licensing, the testimony established that there is not a single plant in the country with an SPDS that has received final approval from the Staff. See Staff Proposed Findings at f 59. Accordingly, SAPL's suggestion that a completed SPDS is required as a matter of law prior to initial licensing should be rejected.
In reviewing the other findings submitted by the parties, the Board must keep in mind the standard established in LBP-86-30. The issue is not whether the SPDS now fully complies with the requirements of NUREG-0737, Supplement 1, but rather whether completion of the cor-rective actions with respect to the 11 items identified by the Staff may be safely deferred until the completion of the first refueling outage.
Throughout their proposed findings, SAPL and Massachusetts argue that the 11 items should be resolved. The Staff does not disagree. But the focus must remain on the safety ramifications of deferring resolution until the completion of the first refueling outage.
In assessing the effect on safety of deferring resolution of the 11 items , certain factors relevant to all the items must be kept in mind.
Seabrook does have a useful, operational (alheit incomplete) SPDS which i
does a good job of providing a general picture of safety. While the Seabrook SPDS will aid operators, no operator actions are taken at the SPDS or based upon information developed at the SPDS. The absence of an SPDS would not adversely affect the ability of operators to rapidly and reliably determinn plant status; operators would be alerted to abnormal conditions through normal control room instrumentation and alarms.
Finally, all the information to be provided by the SPDS is already 4
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available elsewhere in the control room, and the operators are supposed to take protective actions based only upon information obtained from non-SPDS instrumentation. Staff Proposed Findings at 60-61.
In our Proposed Findings (at ff 62-72), we examine the lack of safety significance of each of the 11 items. Without repeating that material herein, the Staff submits that the evidence presented before the lloard amply demonstrates that deferral of these items of noncompliance until completion of the first refueling outage will not adversely affect the public health and safety.
V. CONCLUSION For the reasons presented above and in the attached NRC Staff Proposed Findings of Fact and Conclusions of Law, the Staff submits that Contentions NECNP I.B.2, NECNP III.1, New Hampshire 20, and SAPL Supplemental 6 should all be resolved in favor of authorizing operation of the Seabrook facility. Because resolution of these matters w_
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resolves all issues in controversy other than offsite emergency planning issues, the Board should grant that portion of Applicants' motion of June 17, 1986 that requested this Board to authorize issuance of an operating license for Seabrook Unit 1, limited to 5% of rated power.
See 10 CFR II 50.47(d) and 50.57(c).
Respectfully submitted, f obtr$ 6. (fr lI3 Robert G. Perlis '
Counsel for NRC Staff hdid ' (
Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 26th day of November,1986 x
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UNITED STATES OF AMERICA NUCLEAR REGULATORY TOMMISSION '86 DEC -1 A10 :43 BEFORE THE ATOMIC SAFETY AND LICENSING BOA %N .
? ? ;.t:c" n[I In the Matter of ) .
) i '
PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 OL-1 NEW HAMPSHIRE,~~et al. ) 50-444 OL-1
)
(Seabn>ok Station, Units 1 and 2) ) On-Site Emergency Planning and Safety Issues CERTIFICATE OF SERVICE I hereby certify that copies of "NRC Staff Pronosed Findings of Fact and Conclusions of Law" and "NRC Staff Brief in Support of Its Procosed Findings of Fact and Conclusions of Law" 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 Comission's internal mail system, this 26th day of November, 1986.
Sheldon Wolfe, Esq., Chairman
- Administrative Judge Dr. Emmeth A. Luebke' 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
- Administrative Judge Ms. Carol Sneider, Esq.
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 Hollingworth Stephen E. Merrill
- 209 Winnacunnet Reed Attorney General Hampton, NH 03842 George Dans Bisbee Sandra Gavutis, Chairman Assistant Attorney General Board of Selectmen Office of the Attorney General 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, N!! 03301 g D 4
- Calvin A. Canney, City Manager Allen Lampert City Hall Civil Defense Director 126 Daniel Street Town of Brentwood 4 Portsmouth, NH 03801 20 FrankHn 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 and Graham Public Service Co. of New Hampshire 100 Main Street P.O. Box 330 Amesbury, MA 01913 Manchester, NH 03105 Diane Curran, Esq.
Pobert A. Backus, Esq. Harmon & Weiss Backus, Meyer & Solomon 2001 S Street, N.W.
116 Lowell Street Suite 430 Manchester, NH 03106 Washington, D.C. 20009 Edward A. Thomas Philip Ahrens, Esq.
Federal Emergency Management Agency Assistant Attorney General 442 J.W. McCormack (POCH) Office of the Attorney General Eoston, 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 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, N!! 03801 Washington, D.C. 20555 l Atomic Safety and Licensing Paul McEachern, Esq.
Appeal Panel
- U.S. Nuclear Regulatory Comminnion Shaines & McEachern Washington, D.C. 20555 25 Maplewood Avenue P.O. Box 360 Portsmouth, NH 03801 t
s Docketing and Service Section* William Armstrong Office of the Secretary 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 l Board of Selectmen Peter J. Matthews, Mayor l
10 Central Road City Hall l Rye, NH 03870 Newburyport, MA 09150 f.!!chael Santosuosso, Chairman William S. Lord Board of Selectmen Board of Selectmen South Hampton, NH 03827 Town Hall - Friend Street i
Amesbury, MA 01913 i l l
< !.tr. Robert Ccrrigg, Chairman Mrs. Anne E. Goodman, Chairman !
l Board of Selectmen Board of Selectmen I 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 a Gray Holmes & Ellis 225 Franklin Street 47 Winnacunnet Road Boston, F1A 02110 Hampton, NH 03842 Judith H. Mizner, Esq.
Silverglate, Gertner, Baker Fine and Good
, 88 Broad Street l Boston, MA 02110 vb Sherwin E. Turk Senior Supervisory Trial Attorney i
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