ML20215C051
| ML20215C051 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/06/1986 |
| From: | Backus R, Brock M BACKUS, MEYER & SOLOMON, HAMPTON FALLS, NH, HAMPTON, NH, SEACOAST ANTI-POLLUTION LEAGUE, SOUTH HAMPTON, NH |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1022 OL, NUDOCS 8610100057 | |
| Download: ML20215C051 (5) | |
Text
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0 J, 0 Filed:
October 6 1986 000kETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 86 T,T -8 P4 :42 before the OFFICE UF SF.itLT DOCKETtgSJFvid ATOMIC SAFETY AND LICENSING BOARD In the Matter of PUBLIC SERVICE COMPANY OF Docket Nos.
50-443-OL NEW HAMPSHIRE, ET AL 50-444-OL (Seabrook Station, Units 1 and 2)
Off-Site Issues SEACOAST ANTI-POLLUTION LEAGUE, TOWN OF HAMPTON, TOWN OF HAMPTON FALLS AND TOWN OF SOUTH HAMPTON RESPONSE TO APPLICANTS ' MOI' ION FOR DECISION ON MOTIONS FOR
SUMMARY
DISPOSITION AND FOR HEARING SCHEDULE WITH RESPECT TO NEW HAMPSHIRE EMERGENCY PLANNING 1SSUES NOW COME the Seacoast Anti-Pollution League, Town of Hampton, Town of Hampton Falls and Town of South Hampton (referred to hereinafter in the motion as " Respondents") and answer Applicants' September 25, 1986 motion for decision on pending summary disposition motions and for establishment of a hearing schedule on New Hampshire emergency planning issues.
1)
Re:
Applicants' Motion at B Respondents dispute the Applicants' characterization of new contentions that Revision 2
6 the New Hampshire Radiological Emergency Response Plans may give rise to as " late-filed."
The Federal Emergency Management Agency (FEMA), in i ts mo t ion to cont inue the hearings on emergency planning contentions, stated that:
"The version of the NIIRERP now in 1itigation is not the operative one."
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8610100057 861006 PDR ADOCK 05000443 G
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Since no operative version of the plans was in the hands of the parties prior to service of the Revision 2 plans, the Respondents cannot be in any way deemed in default in not having earlier filed contentions on the new features incorporated into the Revision 2 plans.
If anything is fairly to be deemed late, it is the Revision 2 plans upon which Applicants now stand their case that Seabrook's operating license should be granted.
Respondents ought
- not, therefore, be required to ascend the higher threshold of admissibility set forth at 10 CFR 42.714 for contentions which arise from the ref erenced new plan submiss ions. Respondents hold that a reasonable schedule for filing contentions, taking into full account the hardship imposed on the parties by having to litigate an entirely new set of plans ought be established by order of this Board.
Respondents hold that a reasonable date would be January 1,1987 in view of the burden on certain of the parties imposed by the litigation of on-site issues.
2.
Re:
Applicants' Motion at C.
Respondents would further hold that any hearings scheduled in response to Applicants' motion be integrated hearings with both the State of New Hampshire plans and the Commonwealth of Massachusetts plans litigated together.
Insof ar as this Board is prepared to have its schedule be determined, not by the needs of the affected communities, but by needs of the Applicants, it is pertinent to consider Public Service of New llampshire's Form 10-Q Repor t filed with the Securities and Exchange Commission for. quarter ended June 30, 1986.
At page 10 of that report, it states:
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" Consequently, the Company is unable to predict when commercial operation will in f act occur. For financial forecast purposes, however, the commercial operation date is assumed to be July 1, 1987."
It therefore is clear that there is no pressing need to rus'h to hearing on the New Hampshire plans as there is ample time for preparation and submission of whatever plans upon which the Applicants might base a claim that adequate emergency response measures can be taken for the Massachusetts communities.
Furthermore, certain of the New Hampshire Emergency Response Plans rely upon action by police f rom the Town of Salisbury, MA in assisting the control of access to the New Hampshire beaches.1 It is, theref ore, not possible to assess the efficacy of these New Hampshire plan provisions in isolation from the plans for the Massachusetts communities.
3.
Re:
Applicants' Motion at A.
Respondents have no quarrel with the Applicants' motion that the Board issue decisions with respect to pending motions for summary disposition.
Indeed, by the Board's own prior schedule, such rulings were expected on June 30, 1986.2 Respondents would hold that such rulings should be made based upon the record and submissions as they stood at that time.
Respondents also would hold that rulings on the extant motions for summary disposition precede the onset of the schedule for litigation of the newly tendered Revision 2 plans.
It is necessary for the preservation of the rights of parties that 1.
See, for example, Appendix G to the Seabrook RERP at p. G-5, item 6d.
2.
Memorandum and Order of January 17, 1986, Attachment.
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parties be afforded the opportunity to know where the proceedings stand prior to the commencement of litigat ion of the new set of plans.
Respectfully submitted, SEACOAST ANTI-POLLUTION LEAGUE, TOWN OF HAMPTON FALLS AND TOWN OF SOUTH HAMPTON By their attorney, BACKUS, MEYER & SOLOMON
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Backus
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Box 516 116 Lowell Street Manchester, N.H.
03105 Tel: (603) 668-7272 TOWN OF HAMPTON By its attorney, 7'
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Matthew T.
Br o c k/
SHAINES & MC EACHERN 25 Map!ewood Avenue Portsmouth, NH 03801 Tel:
(603) 436-3110 DATE:. October 6, 1986 I hereby certify that'a copy of the within Response to Applicants' Motion for Decision on Motions for Summary Disposition and for Hearing Schedule with Respect to New Hampshire Emergency Planning Issues has been sent this date, first class, postage prepaid, to all counsel on the attached service list
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Rober[ A.'Esetus
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CERTIFICATE OF SERVICE AND SERVICE LIST 00LKETED omas Dignan, Esq.
- Joseph Flynn Asst.Gn.Cnsl.
Helen Hoyt. Chm.
'Fcd. Emerg, dgmt. Agcy.
Admn. Judge Ropes & Gray 500 C.St. So. West Atomic Safety & Lic BrdM ET W ff881klin-St.
Washington, DC 20472 USNRC Boston, MA 02110 Washington, DC 20555 GFFICE Of EntIAhi Office of. Selectmen Dr. Jerry Harbour'*
DOCKET ig'gPv[ing & Serv. Sec.
- e Town of Hampton Falls Admin. Judge Office of the Secretary Hampton Falls, NH 03844 Atomic Safety & Lic Brd.
USNRC USNRC Washington, DC 20555 Washington, DC 20555 9*
Dr. Emmeth.A. Luebke Jane Doughty Office of Exec. Legl. Dr.
Admin Judge SAPL
' S RC Atomic Safety & Lic. Brd.
5 Market Street Wahsington, DC 20555 USNRC Portsmouth, NH 03801 Washington, DC 20555 Phillip Ahrens, Esq.
Paul McEachern, Esq.
George Dana Bisbee, Esq.
Asst. Atty. General Matthew Bruck, Esq.
Attorney General's OFF.
State H0use, Sta. #6 25 Maplewood Ave.
State of New Hampshire Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portsmouth, MI 03801 Carol Sneider, Esq., Asst.AG Diane Curran, Esq.
William S. Lord One Ashburton Place, Ilarmon, Weiss Board of Selectmen 19th Floor 20001 S Street NW Suite 430 Town Hall-Friend St.
~ Boston, MA 02108 Washingcon, DC 20009 Amesbury, MA 01913 Richard A. Hanpe, Esq.
Maynard Young, Chainnan Sandra Gauvutis New Hampshire Civil Defense Board of Selectmen Town of Kingston Agency 10 Central Road Box 1154 Hanpe & McNicholas Rye, NH 03870 East Kensington, NH 03827 35 Pleasant St.
Uoncord, MI 03301 Edward 'Ihomas Mr. Robert Harrison FEMA Pres, & Q11ef Exec. Officer 442 J.W. McConnack (P001)
PSCO Boston, MA 02109 P.O. Box 330 Manchester, NH 03105 Roberta Pevear State Rep.-Town of Hanpt Falls Drinlcmter Road Hanpton Falls, NH 03844 I
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