ML20214R005
| ML20214R005 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/22/1986 |
| From: | Holmes G HOLMES & ELLIS, SEABROOK, NH |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-853 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8609290042 | |
| Download: ML20214R005 (5) | |
Text
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PS3 UNITED STATES OF AMERICA 00t TED NUCLEAR REGULATORY COMMISSION g
. ATOMIC SAFETY AND LICENSING BOARD '86 SEP 25 P2 :46 Before Administrative Judges:
Helen F. Hoyt, Chairperson OFFICE OF o Emmeth A. Luebke 00CXEItNuTlph..'
BRAtp Jerry Harbour Docket Nos. 50-443-OL
)
50-444-OL In the Matter of
)
)
(ASLBP No. 82-471-02-OL) s.
PUBLIC SERVICE COMPAN (Of fsite Emergency Planning) 0F NEW HAMPSHIRE, et al.
)
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(Seabrook Station, Units 1 and 2)
)
September 22, 1986 TOWN OF SEABROOK MOTION FOR RECONSIDERATION OF ORDER OF THE BOARD OF IMPOSING SANC The Town of Seabrook moves that the Board reconsider its Order da granting sanctions against the Town and states as follows:
September 11, 1986, The Town of Seabrook is the town in which the entire Public Service Company of New Hampshire nuclear generating facility is located and, in such 1.
a position, has the utmost concern for the safety of its citizens and property values. direct testimony or cross examination of witnesses in this proceeding f the tutes grievous error and severe and wrongful deprivation of the rights oitse Town and its citizens to protect health, safety, and welfare.
Contrary to the Order, the Town of Seabrook has given input to the~
process or preparing the radiological emergency response plans and has 2.
ble expressed an interest in developing such plans so that they meet reasona The Town has not been involved in purposeful or assurance requirements.
is in noncompliance intentional delay or noncompliance; but rather, if it with Board Orders, it has been by mistake and misfortune.
3.
The Order of September 11, 1986, is unduly harsh and oppressive, particularly in light of the Board's Order of March 1, 1983, which, in part, stated as follows:
"The scope of the contention and issues in dispute are properly determined by the sponsoring intervenor, and a non-sponsoring intervenor's cross-examination must address the applicant's, the There-Staff's, or the sponsoring intervenor's direct testimony.
fore, discovery against the non-sponsoring intervenor does not serve to narrow the issues or prevent surprise, and probably aids little in an applicant's preparation for trial."
B609290042 860922 ADOCK 0500 3
{DR
e s.
The Town is prepared.to answer in detail any interrogatories and 4.
will do so expeditiously.
Therefore, the Town of Seabrook requests that the Board reconsider its Order of September 1-1, 1986, and vacate said Order as it relates to the Town of Seabrook.
TOWN OF SEABROOK By Its Attorn HOLMES & EL
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By:
of Ga W.
Imes /
4 Winn cunn d Road ampto, NH 03842 (603) 926-6162 O
n
CERTIFICATE OF SERVICE 00f.KETED I, Gary W. Holmes, certify that the Town of Seabrook's Motioitl 8r Reconsider-ction of Order of the Board of Imposing Sanctions has g gt dIyofSepthm r, 1986.
attached list of parties by first class mail this o
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GaryfW. Hol s
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RobertCa$rigg, Chairman Helen Hoyt, Chairperson Atomic safety and Licensing Board of Selectmen Town Office Board Panel U.S.
Nuclear Regulatory Atlantic Avenue
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North Hampton, NH 03862 Commission Washington, DC 20555 Dr. Emmeth A.
Luebke Diane curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Harmon & Weiss Board Panel U.S.
Nuclear Regulatory 2001 S Street, N.W.
Suite 430 Commission Washington, DC 20555 Washington, D.C.
20009 Stephen E. Merrill, Esquire Dr. Jerry Harbour Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S.
Nuclear Regulatory' office of the Attorney General Commission Washington, CC 20555 25 Capitol Street Concord, NH 03301-6397 ShArwin E. Turk, Esquire Atomic Safety and Licensing Office of_the Executive Legal' Board Panel U.S. Nuclear Regulatory Director U.S. Nuclear Regulatory Commission
' Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Dackus, Meyer & Solomon Appeal Board Panel U.S. Nuclear Regulatory 116 Lowell Street P.O. Box 516 commission Washington, DC 20555 Manchester, NH 03105 e
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Mr. J.P. Nadeau Philip Ahrens, Es' quire Selectmen's Office Assistant Attorney General 10 Central Road i
Department of the Attorney l
General '
Rye, NH 03870 l
Augusta, ME 04333 Carol S. Sneider, Esquire l
Paul McEachern, Esquire Assistant Attorney General Matthew T. Brock, Esquire Department of the Attorney Ceneral l
Shaines & McEachern One Ashburton Place, 19th Floor 1
25 Maplewood'Avehue Boston,*MA 02108 1
P.O. Box 360 Portsmouth, NH 03801 I
Mr. Calvin A. Canney Mrs. Sandra Cavutis Chairman, Board of Selectmen City Manager RED 1 - Box 1154 City Hall l
Kensington, NH 03827 126 Daniel Street 2
Portsmouth, NH 03801 i
Senator Cordon J. Humphrey Mr. Angie Machiros Chairman of the U.S.
Senate Board of Selectmen Washington, DC 20510 Town of Newbury (Attn:
Tom Burack)
Newbury, MA 01950 i
l Mr. Peter S. Matthews l
Senator Cordon J. Humphrey Mayor 1 Pillsbury Street j
Concord, NH 03301 City Hall l
(Attn Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S. Lord l
Board of Selectmen j
Town Manager Town Hall - Friend Street Town of Exeter Amesbury, MA 01913 j
10 Front Street i
Exeter, NH 03833 l
Brentwood Board of Selectmen H. Joseph Flynn, Esquire RFD Dalton Road Office of General Counsel Brentwood, NH 03833 l
Federal Emergency Management i
1 Agency
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500 C Street, S.W.
Washington, DC 20472 j
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Richard A. Hampe, Esquire Gary W. Holmes, Esquire Hampe and McNicholas Holmes & Ells 35 Pleasant Street 47 Winnacunnet Road Hampton, NH 03841 Concord, NH 03301 Judith H. Mizner, Esquire Mr. Ed Thomas Silverglate, Gertner, Baker FEMA, Region I 442 John W. McCormack Post Fine, Good & Mizner
'88 Broad Street office and Court House Post Office Squate Boston, MA 02110 Boston, MA 02109 Mrs. Anne E. Goodman, Chairman Beverly Hollingworth 209 Winnacunnet Rd.
Board of Selectman Hampton, NH 03842 13-15 Newmarket Rd.
Durahm NH 03824 R.K. Gad III. Esq.
Ropes & Gray Michael Santasuosso 225 Franklin St.
i Board of Selectmen Boston, MA 02110 So. Hampton, NH 03827 Jerard Croteau 82 Beach Rd.
P.O. Box 5501 Salisbury, MA 01950 Allen Lampert CD Director Town of Brentwood 20 Franklin St.
Exeter, NH 03833 Ms Jane Doughty SAPL 5 Market St.
Portsmouth, NH 03801 Mr. Robert J. Harrison Pres, & CEO PSNH P.O. Box 330 Manchester, NH 03105 Roberta C. Pevear.
Orinkwater Rd.
Hampton Falls, NH 03844
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