ML20234D282

Joint Intervenors Emergency Motion to Continue Hearing for 2 Wks & for Immediate Prehearing Conference.* Urges That Hearing Re Offsite Emergency Planning at Plant,Scheduled for 870928,be Continued Until 871013.Certificate of Svc Encl

ML20234D282
Person / Time
Site:	Catawba, Seabrook
Issue date:	09/15/1987
From:	Ostrander F MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#387-4398 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8709220037
Download: ML20234D282 (10)

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%Iiw UNITED STATES OF AMERICA NUCLE AR REGULATORY COM'4ISSION

'87 SD' 18 P1 :59 ATOMIC SAFETY AND LICENSING BOARD

n Before Administrative Judges: da, y n, I

Helen F. Hoyt, Chairperson N

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Gustave A. Linenberger, Jr.

Dr. Jerry Harbour In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY ) (ASLGP No. 82-471-02-OL) 0F NEW HAMPSHIRE, et. al, ) (Offsite Emergency Planning)

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(Seabrook Station, Units 1 and 2) )

JOINT INTERVENERS EMERGENCY MOTION TO CONTINUE HEARING FOR TNO NEEKS AND FOR IMMEDIATE PREHEARING CONFERENCE Attorney General James M. Shannon, for himself and the Interveners SAPL and NECNP, hereby moves that the hearing in this matter presently scheduled to begin September 28, 1987 be continued for two weeks to October 13, "17. In addition, the Attorney General and the Interveners request that there be an immediate prehearing conference as required by 10 C.F.R. S2.752.

As grounds for this motion, the movants state that the applicant's, NRC's, and FEMA's prefiled testimony, received on the afternoon of September 14, 1987, total soproximately 500 pages (including exhibits) ?rovided by approximately 20 witnesses. At the same time, the testimony filed by the Attorney General and the Interveners comprises approximately 1

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l 8709220037 870915  :

PDR ADOCK 05000443 G PDR 1

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g 1,000 pages (with exhibits) provided by another 30 or.more witnesses.

When all-of the foregoing testimony is added to the  ;

evidence contained in the plan previously filed by the-applicant (NHRERP Rev. 2), the aggregate evidence-(with i exhibits) now before the Board which will be the subject of the  !

hearing is in excess of 2,000 pages and 50 witnesses. Under these circumstances, as forecast in previous motions filed by the Attorney. General and other Interveners, the less than two )

weeks remaining 'oefore the onset of the hearings is grossly insufficient time to prepare given this Board's inexcusable failure to previously schedule and hold the prehearing i

conference required by 10 C.F.R. S2.752. '

The present state of these proceedings threatens to make a mockery and shambles of the licensing process and of the procedural due process rights of the movants. First, the Board has still not even scheduled a hearing to determine fairly and responsibly the order of witnesses and the groupings of issues. The applicant's proposal for the order of presentation in its letter of September 14, 1987 is neither useful nor fair l kndisstronglyopposedbythemovants. The order of issues, and their grouping, is crucial to a fair and meaningful hearing, to the preparation of effective cross-examination and to compliance with the Board's belated September 9, 1987 Order 1

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on submission of on' outline of rebuttal testimony by September 28, 1987.

Second, it is now clear from the applicant's prefiled  ;

testimony of September 14, 1987, that it is or may be attempting in substance to amend its previously filed plan through incorporation of its direct testimony. Not only is there neither precedent nor authority for such an action, but this action also leaves the movants prefoundly unsure what it is that will now be litigated.

WHEREFORE, the Attorney General, for himself and the other specified Interveners, hereby moves that the hearing be continued to October 13, 1987 and that an immediate prehearing conference be held as required by NRC' rules and the requirements of due process. Given the important of these hearings, the prior requests of these parties for such action, and the amount of testimony and witnesses now of record, failure to grant the relief requested herein is likely to constitute reversible error.

In the interect of expedition and meaningful relief, and as discussion in 13 NRC 452 at page 456 (1981) (" Statement of Policy on Conduct of Licensing Proceedings"), the Attorney General and the Intervenor movants strongly urge that this Board dispense with the usual requirements of the motion rules and decide this motion within twenty-four hours. The movants

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stand ready to accommodate any expedited procedure for the consideration of this motion.

Respectfully submitted, J A MES 'i . SH ANtiO N 4 Attorney General 4

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By: -

Prank W. Ostrander Assistant Attorney General f Chief, Nuclear Safety Unit {

i Department of the Attorney General j One Ashburton Place, Room 1902 Boston, f4A 02108 )

(61 7) 727-5575 1 a

Dated: September 15, 1987

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L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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Before Administrative Judges: '87 SEP 18 P1 :59 Helen F. Hoyt, Chairperson Gustave A. Linberger, Jr. ,7 Jerry Harbour pg ,

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In the Matter of )

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PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL ) j (Seabrook Station, Units 1 and 2) )

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CERTIFICATE OF SERVICE I, Frank W. Ostrander, hereby certify that on September 15, 1987, I made service of the within Emergency Motion, by telex, by hand, or by Federal Express to:

• Helen F. Hoyt, Chairperson *Gustave A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board ,

U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission )

Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814

• Dr. Jerry Harbour *Sherwin E. Turk, Esq. i Atomic Safety & Licensing Board Office of the Executive Legal '

U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor l 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 ]

Bethesda, MD 20814 )

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• 'H.' Joseph Flynn,-'Esq.

• Stephen E..Merrill n ' Assistant General; Counsel' ' Attorney General Office ~~of General Counsel

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George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency .

Office of the Attorney General' 500'C Street, S.W. ~25 Capitol' Street Washington, DC- 20472 Concord,.NH 03301

• Paul McEachern,.Esq.

• Thomas G. .Dignan, Esq.

Matthew T. Brock, Esq.. Ropes & Gray Shaines & McEachern 225 Franklin St.

25 Maplewood. Avenue '

Boston, MA- 02110 Portsmouth, NH 03801 I

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Frank W. Ostrander '*'

Assistant Attorney General' Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-5575 Dated: September 15, 1987 I

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! , . 00' KETEn UNITED' STATES OF AMERICA. ENET NUCLEAR ~ REGULATORY COMMISSION

'87 SEP 18 : P 1 :59-l

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In the Matter of

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PUBLIC. SERVICE COMPANY OF NEW- ) Docket No.(s) 50-443/444-OL

. HAMPSHIRE, ET:AL. )

!(Seabrook Station, Units 1 and 2) )

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CERTIFICATE OF SERVICE l

I, Frank-W. Ostrander, hereby certify that on September 16, 1987, I made. service of the within Joint Interveners' Emergency Motion.to. ,

Continue Hearing for Two Weeks and for Immediate Prehearing

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j Conference, by depositing in the U.S. mail, first class postage paid,.

addressed to:

Helen F. Hoyt, Chairperson Gustave A.'Linenberger, Jr.

' Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers. Building 4350 East West Highway 4350 East West Highway Third ~ Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 Dr. Jerry Harbour Sherwin E. Turk, Esq.

Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 l l

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O H. Joseph Flynn, Esq. Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301 Docketing and Service Paul A. Fritzsche, Esq. '

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, MB 04333 ,

Roberta C. Pevear Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq. .

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq. J. P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A. Canney >

Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Peter J. Matthews 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950

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Donald E. Chick William Lord 1 Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 i

Brentwood Board of Selectmen Gary W. Holmes, Esq. )

RFD Dalton Road Holmes & Ellis i Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 1

Philip Ahrens, Esq. Diane Curran, Esq. l Assistant Attorney General Harmon & Weiss  !

Department of the Attorney suite 430 General 2001 S Street, N.W.

State House Station #6 Washington, DC 20009 Augusta, ME 04333 ,

Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas l Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301  ;

Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing )

Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission '

Exeter, NH 03833 Nashington, DC 20555

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Dr. Emmeth A. Luecke Charles P. Graham, Esq.

Atomic Safety & Licensing Board McKay, Murphy & Graham U.S. Nuclear Regulatory Old Post Office Square Commission 100 Main Street East West Towers Building Amesbury, MA 01913 4350 East West Highway Third Floor Mailroom Bethesda, MD 20814 Judith H. Mizner, Esq. Rep. Edward J. Markey, Chairman Silvergate, Gertner, Baker, U.S. House of Representatives Fine, Good & Mizner Subcommittee on Energy 88 Broad Street Conservation and Power Boston, MA 02110 Room H2-316 House Office Building Annex No. 2 Washington, DC 20515 Attn: Linda Correia

~h lOstranYer Frank W.

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Assistant Attorney General Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-5575 Dated: September 16, 1987 l

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