ML20215D494
| ML20215D494 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/12/1986 |
| From: | Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1877 OL, NUDOCS 8612160379 | |
| Download: ML20215D494 (8) | |
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UNITED STATES OF AMERICA 00LKETED UWE NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOA S DEC 15 P3 56 In the matter of Docket NoIF50-443-OL-GC T50-4 4 4-OL PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al Seabrook Station, Units I and II TOWN OF HAMPTON OBJECTION AND MOTION FOR RECONSIDERATION OF HEARING SCHEDULE Now comes the Town of Hampton and objects to, and requests this Board to reconsider and amend, its hearing' scheduling set forth in this Board's Memorandum and Order dated December 4, 1986.
In support of this Motion, the Town of Hampton states:
1.
By Order of this Board dated December 4, 1986, this Board established a schedule for New Hampshire Offsite Emergency Planning Contentions which in wholesale fashion substantially adopts the schedule proposed by Applicant under Applicant's filing dated November 20, 1986.
2.
The time frames adopted by this Board for the various events leading to the commencement of hearings are grossly inadequate given l
the scope and complexity of the issues to be addressed, will deny Intervenors any meaningful opportunity to address the substantial issues and concerns raised by contentions, and represent an abuse of i
this Board's discretion and a denial of the Intervenors' due process l
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rights to a fundamentally fair hearing.
Wisconsin Electric Power company, 17 NRC 387 (1983); Northern Indiana Public Service Company, 8 AEC 980 (1974).
3.
Since all participants to his proceeding submitting a proposed schedule, including the NRC Staff advocated expanding the time frames for discovery, for responding to motions for summary disposition, and for commencement of hearings, this Board's substantial adoption of Applicant's proposed schedule provides at least the appearance of bias by this Board in favor of the Applicant in this proceeding.
4.
The schedule adopted by this Board omits a prehearing conterence and thereby violates the Town of Hampton's rights conferred by law to orally present the key issues raised by contentions to this Board.
10 CPR S2.751a.
5.
The failure of this Board to provide the Town of Hampton with a prehearing conference substantially undermines the ability of the Town to fully and fairly have its contentions considered by this Board and represents a denial of due process.
6.
This Board has previously prohibited numerous EPZ towns from further participation in this proceeding for failure to timely comply with the Board's discovery deadlines.
By adopting a schedule which un.easonably denies adequate time to respond to the anticipated voluminous discovery requests from Applicant, this Board is inviting further defaults by Intervenors who, due to severely strained budgets 2
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I and limited resources, may simply be unable to comply with this Board's overly restrictive deadlines.
WHEREFORE, the Town of Hampton requests this Board to reconsider and amend its schedule of events leading to final hearings in this case in accordance with the proposed schedule previously submitted by the Town of Hampton to this Board.
Dated:
December 12, 1986 Respectfully submitted, SHAINES & McEACHERN Attorneys for the Town of Hampton, New Ham
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i 00f KETED UNITED STATES OF AMERICA UWE NUCLEAR REGULATORY COMMISSION
'26 DEC 15 P3 :56 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD CFFil - --
In the matter of 00CP TD..; ~b,.
m PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et al.
50-444 OL (Seabrook Station, Units 1 and 2)
C.ERTIFICATE OF SERVICE I hereby certify that copies of TOWN OF HAMPTON OBJECTION AND MOTION FOR RECONSIDERATION OF HEARING SCHEDULE in the above-captioned proceeding have been served on the following by deposit in the United States mail, or as otherwise indicated, on this 12th day of December, 1986.
- Helen Hoyt, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building Fourth Floor 4350 East West Highway Bethesda, MD 20814
- Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Dr. Emmeth A. Luebke Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 SH AINES M ADRIG AN & Mc EACH E RN reortssosa. assooatos 25 wartt*OOD avg Nug e o con we pon tS*OU TH Nw 04RO'
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- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission I
Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l
- Docketing and Service O.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mrs. Anne E. Goodman Board of Selectmen 13-15 Newmarket Road Durham, NH 03842 William S. Lord, Selectman Town Hall Friend Street Amesbury, MA 01913 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 Rep. Roberta C. Pevear Drinkwater Road Hampton Falls, NH 03844 Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station 6 Augusta, ME 04333
- Thomas G. Dignan, Esq.
R.K. Gad II, Esq.
Ropes & Gray 225 Franklin Street Boston, MA 02110 2
SH AINES. M ADRIGmN & Mc EACHERN - p=os tssomat assocarch 25 assegawooo ast%ut. po EKm see ponTswouTH hw c3pKw
Robert A. Backus, Esq.
Backus, Meyer & Solomon 111 Lowell Street Manchester, NH 03105
- Robert G. Perlis, Esq.
Sherwin E. Turk, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda MD 20814 Mr. Angie Machiros, Chairman Board of Selectmen Newbury, MA 01950
- H.
Joseph Flynn, Esq.
Office of General Counsel Federal Emergency Management Agency p
500 C Street, S.W.
p washington, D.C.
20472 7
- George Dana Bisbee, Esq.
i b'.t.ephen E. Merrill, Esq.
Office of the Attorney General State House Annex Concord, NH 03301 Carol S. Sneider, Esq.
Assistant Attorney General Department of the Attorney General One Ashburton Place 19th Floor Boston, MA 02108 Stanley W. Knowles Board of Selectmen P.O. Box 710 North Hampton, NH 03826 J.P. Nadeau, Selectman Town of Rye 155 Washington Road Rye, NH 03870 Richard E. Sullivan, Mayor City Hall Newburyport, MA 01950 3
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Alfred V. Sargent, Chairman Board of Selectmen Town of Salisbury, MA 01950 Senator Gordon J. Humphrey U.S. Senate Washington, D.C.
20510 (Attn. Tom Burack)
Michael Santosuosso, Chairman Board of Selectmen Jewell Street RFD 2 South Hampton, NH 03842 Allen Lampert Civil Defense Director Town of Brentwood Exeter, NH 03833 Richard A. Hampe, Esq.
Hampe and McNicholas 35 Pleasant Street Concord, NH 03301 Gary W.
Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03642 William Armstrong Civil Defense Director 10 Front Street Exeter, NH 03833 Calvin A. Canney City Manager City Hall 126 Daniel Street Portsmouth, NH 03801
- Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)
Boston, MA 02109 4
SH AINES. M ADfilGAN 8 McEACHERN PROrtssioNAL A550ceATiON 25 MartEWOOD AvFNUE - PO Boa 360 PORT 5MouTM #ew 0380*
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I Sandra Gavutis Town of Kensington RPD 1, Box 1154 East Kensington, NH 03827 Charles P. Graham, Esq.
McKay, Murphy & Graham 100 Main Street Amesbury, MA 01913
. Diane Curran, Esq.
Harmon & Weiss 2001 S Street N.W.
Suite 430 Washington, D.C.
20009-1125 D
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Matthew T. Brock
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