ML20235B376
| ML20235B376 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/21/1987 |
| From: | Jonas S HAMPTON, NH, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4438 OL, NUDOCS 8709240082 | |
| Download: ML20235B376 (14) | |
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UNITED STATES OF AMERICA 37 gn 22 Pe02 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges Sheldon J.
Wolfe, Chairperson Emmeth A. Luebke Jerry Harbour
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In the matter of
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Docket Nos.
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50-443-OL PUBLIC SERVICE COMPANY OF
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50-444-OL NEW HAMPSHIRE, et.
al.,
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(On-Site EP)
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(Seabrook Station, Units 1 and 2)
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September 21, 1987
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I CONTENTION OF ATTORNEY GENERAL JAMES M.
- SHANNON, SEACOAST ANTI-POLLUTION LEAGUE, NEW ENGLAND COALITION ON NUCLEAR POLLUTION AND TOWN OF HAMPTON, MOTION TO ADMIT l
LATE-FILED CONTENTION AND REOPEN THE RECORD I.
INTRODUCTION By September 25, 1987, the City of Newburyport, Massachusetts will have dismantled and removed six of the eight emergency notification sirens, poles and related equipment located within the City.
Affidavit of Peter J.
Matthews, 14, attached hereto.
These sirens, owned by the City, were the only means to provide early notification and clear instruction to the population of Newburyport, one of the Massachusetts communities located within the plume exposure pathway EPZ for the Seabrook Station.
As a result, the Applicants have not complied with 10 C.F.R.
S50.47(b)(5).
Massachusetts Attorney General James M.
Shannon and the Interveners Seacoast Anti-Pollution League, New England b
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)60 hDR ADO O
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4 Coalition on Nuclear Pollution and Town of Hampton (collectively "the Attorney General and Interveners") hereby submit the following late-filed contention in this proceeding and move that this Board reopen the record in the on-site emergency planning and safety phase for the limited purpose of addressing the Applicants' compliance with 10 C.F.R. 550.47(b)(5).
The Attorney General and Interveners further request that this Board issue an order amending its Partial Initial Decision of March 25, 1987, ASLBP No. 82-471-02-06 to deny its authorization to issue an operating license for operation not in excess of 5% rated power until the Applicants have demonstrated that there exist means sufficient to satisfy Section 50.47(b)(5) to notify the population of Newburyport in the event of an emergency.
II.
ARGUMENT A.
The Attorney General And Interveners Have Satisfied The Late Filed Contention Standard.
Because of the suddenness and importance of Newburyport's action, the Attorney General and Interveners have met the standards for admitting a late-filed contention.
First, until very recently, the Newburyport sirens were in place and until September 9, 1987, no decision had been made to remove them.
Matthews Affidavit, 14..
Therefore, "no adequately based contention could have been filed earlier," Philadelphia j
Electric Co. (Limerick Generating Station, Units 1 and 2),
L_____________________________________________________________________
ALAB-806, 21 NRC 1183, 1190 (1985), and there is good cause under 10 C.F.R.
S2.714(a)(1)(i) for the failure to file this contention on time.
Second, there is no means other than the filing of this contention by which the Attorney General and the Intervenous'
' interest in ensuring that notification of the Newburyport population is addressed prior to low power can be protected.
Therefore, 10 C.F.R.
S2.714(a)(1)(ii) is satisfied.
Third, the Attorney General and Interveners can provide witnesses, including the Mayor of Newburyport, to testify about the status of the siren system or other means of public notification in the City.
Therefore, 10 C.F.R.
S2.714(a)(1)(iii) is satisfied.
Fourth, no other party has raised this issue in this proceeding.
No other party can represent the interests of the Attorney General and Interveners on important issues of the health and safety of Massachusetts citizens.
Therefore, 10 C.F.R. 52.714(a)(1)(iv) is satisfied.
Finally, the issue raised here is narrow and should not result in undue delay of the proceeding, particularly because the Commission has already stayed the effect of the Partial Initial Decision.
See Commission Order (unpublished) of January 9, 1987.
Indeed, the matter can be resolved by affidavit and within a relatively short period of time.
Therefore, 10 C.F.R. 51.714(a)(i)(v) is satisfied.
I l
m B.
The Attorney General And Interveners Have Satisfied The Standards For Reopening The Record.
The tests for reopening an evidentiary record are whether the issues could have been raised earlier, the gravity of the i
issues, and whether the issues require further evidence for their resolc*. ion.
Carolina Power & Light Co. (Shearson Harris Nuclear Power Plant, Units 1, 2,
3, and 4), LBP-78-2, 7 NRC 83, 84-85 (1978) (citing Vermont Yankee Nuclear Power Corp.
(Vermont Yankee Nuclear Power Station), ALAB-138, 6 NRC 520 (1973)); 10 C.F.R. S2.734(a).
The tests are similar to those for admitting a late-filed contention.
As described above, the Newburyport siren issue could not have been raised earlier.
Moreover, the issue is a significant safety issue because no means exist presently for early notification and clear instruction to the Newburyport population, as required by 10 C.F.R.
S50.47(b)(5).
- Finally, the Commission itself, in justifying 10 C.F.R.
S50.47(d), said that prior to issuing an operating license authorizing low-power testing, the applicant must meet the requirements of Section 50.47(b)(5).
47 Fed. Reg. 30232, 30234 (July 13, 1982).
Therefore, this issue, which would likely lead to a different result in the proceeding before this Board, must be resolved with further evidence on the record.
III.
CONTENTION AND BASIS Contention:
Applicants have failed to comply with the provisions of 10 C.F.R. 550.47(b)(5) and Part 50, Appendix E, IV, D(1) and (3), because no means have been established to provide early notification and clear instruction to the l
populace of the City of Newburyport, Massachusetts.
Basis:
The Applicants' emergency response plans provide that the populace within the City of Newburyport will be notified of emergencies by means of eight alert and notification sirens situated in the City.
According to the Affidavit of Peter J.
Matthews, Mayor of the City of Newburyport, attached hereto, six of the eight sirens have been removed.
No other means have been provided to notify the public in Newburyport in the event of an emergency.
The Commission has determined that the means to notify the population within the plume exposure pathway EPZ must be in place prior to low-power operation.
45 Fed. Reg. 30232, 30234 (July 13, 1982).
See Southern California Edison Co. (San Onofre Nuclear Generating Station, Units 2 and 3),
LBP-82-3, 15 NRC 61, 191-195 (1982).
IV.
CONCLUSION The preceding late-filed contention should be admitted and the record of the on-site emergency planning and safety phase of this litigation should be reopened.
Moreover, the decision authorizing the issuance of an operating license for operation not in excess of 5% of rated power should be f
1 --.
O amended to deny authorization until the Applicants have demonstrated the means to provide early notification and clear instruction to the populace in the City of Newburyport in the event of a radiological emergency.
JAMES M.
SHANUON ATTORNEY GENERAL COMMONWEALTH OF MASSACHUSETTS
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By:.4 ;
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Stephen A. Jofias Assistant Attorney General Deputy Chief Public Protection Bureau Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-4878 SEACOAST ANTI-POLLUTION LEAGUE NEW ENGLAtID COALITION ON NUCLEAR POLLUTION TOWN OF HAMPTON By their authorized representative:
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Stephen A.
Jbnas Dated: September 2[, 1987 I
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AFFIDAVIf OF PETER J.
MATTHEW 3 I,
Peter J.
Matthews, make oath and say as follows:
1.
My name is Peter J.
Matthews.
I am, and since January, 1986 have been,' Mayor of the City of Newburyport, Massachusetts.
2.
Until recently, eight emergency notification sirens, with control equipment and the poles on which they are mounted
(" sirens") were located in the City of Newburyport.
One of the sirens is located on the Newburyport portion of Plum Island.
The seven remaining sirens are scattered throughout the City.
I am informed and believe that these seven sirens were purchased with city and federal funds and erected at various times in 1979 and 1981.
3.
On June 30, 1986, the City Council of the City of Newburyport passed Ordinance 8-17, which reads as follows:
No official, agent, employee, representative, designee, or appointee of the City of Newburyport, or any other person purporting or attempting to act in an official or public capacity on behalf of the City of Newburyport, shall, for the purpose of develoring a radiological rmergency response plan for the licensir.g of the Seabrook Station Nuclear Power Plant, encourage, conduct, engage in, or participate in, any planning, training, exercise drills, tests, or other activities, regarding the said plan, or request any formal or informal review, test, or approval of said plan, by the Federal Emergency Management Agency, or accept, adopt, approve, or implement, any state, local, or privately developed radiological emergency response plan.
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4.
I have been informed and believe that Public Service
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Company.of New Hampshire, one of the owners of Seabrook Station, has represented to the Nuclear Regulatory Commission that the sirens in Newburyport are the means by which Newburyport residents would be notified and given instructions
.in the event of a radiological emergency at Seabrook Station if and when that plant receives an operating license.
I have also been informed and believe that the Nuclear Regulatory Commission requires such a public notification system to exist for communities within ten miles of the Seabrook Station before an operating license may he issued.
Therefore, consistent with Newburyport Ordinance 8-17, I determined that six of the sirens should be removed.
Some of them have been removed; the others
- will be removed by September 25, 1987.
5.
The remaining two sirens, located on the Newburyport portion of Plum Island and on Turkey-Hill Road in the West End of Newburyport, will be used only for the City's fire alarm system.
Consistent with Ordinance 8-17, they will not be used for Seabrook emergency planning purposes.
A, did Arm t W J j ttKews l-Subscribed and sworn to me on this
/N of Septe ber, 987.
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Notary Public
'jr My Commission Expires:
4 temi,de Empires recernber 10,1993
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M LVEli' UNITED. STATES OF AMERICA
!"' V E l
i NUCLEAR REGULATORY COMMISSION
,87 SEP 22 P4 :02 Before Administrative Judges:
Sheldon J.
Wolfe, Chairman
- r; Emmeth A. Luebke 00Le l
Jerry Harbour
)
)
In the Matter of
)
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PUBLIC SERVICE COMPANY OF NEW
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Docket Nos.
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50-443-444-OL-1 (Seabrook Station, Units 1 and 2)
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(On-site EP)
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September 21, 1987
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NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter.
In accordance with S 2.713, 10 C.F.R. Part 2, the following information is provided:
NAME:
Stephen A. Jonas Assistant Attorney General Deputy Chief Public Protection Bureau ADDRESS:
Department of the Attorney General One Ashburton Place
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Boston, MA 02108-1698 i
TELEPHONE NUMBER:
(617) 727-4878 j
i ADMISSIONS:
State Admissions:
)
Commonwealth of Massachusetts Supreme Judicial Court of Massachusetts Federal Admissions:
I United States District Court for the District of Massachusetts I
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4 United States District Court for the District of Northern California United States Court of Appeals for the First Circuit United States Court of Appeals for the Ninth Circuit NAME OF PARTY:
Department of the Attorney General f
for the Commonwealth of Massachusetts 1
i Stephen A."7onas Assistant Attorney General Deputy Chief Public Protection Bureau Dated at Boston, Massachusetts this 21st day of September, 1987
i i
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
'87 SEP 22 P4 :02 Before Administrative Judges Sheldon J. Wolfe, Chairperson I
Emmeth A. Luebke 10 i
Jerry Harbour i
)
In the Matter of
)
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PUBLIC SERVICE COMPANY OF MEW
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Docket No.(s)
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50-443/444-OL (Seabrook Station, Units 1 and 2)
)
(On-Site EP)
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I CERTIFICATE 3F SERVICE I,
Stephen A. Jonas, hereby certify that on September 21, 1987, I made service of the CONTENTION OF ATTORNEY GENERAL JAMES M.
- SHANNON, SEACOAST ANTI-POLLUTION LEAGUE, NEW ENGLAND COALITION ON NUCLEAR POLLUTION AND TONN OF HAMPTON, MOTION TO ADMIT LATE-FIELD CONTENTION AND REOPEN THE RECORD and the NOTICE OF APPEARANCE, by depositing in the U.S.
mail, first class postage paid, addressed to, or as indicated
(*],
by mailing copies thereof with Federal Express, prepaid, for delivery to:
- Sheldon J. Wolfe, Chairperson
- Emmeth A.
Luebke 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, Esc.
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 L_-___________________________________________
T
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i H. Joseph Flynn, Esq.
Stephen E..Merrill Assistant General Counsel b' '
Attorney General Office of General Counsel
'Jedrge Dana Bisbee Federal Emergency Management Aapistant. 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, ME 04333 Roberta C.
Pevear Diana P.
Randall State Representative 70 Coll' ins 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 C'
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 3haines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870" P.O.
Box 360 Pettsmouth, 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-(Attq: Herb Boynton)
Newburyport, MA 01950
4 f
f Donald E.
Chick William Lord
'g Town Manager Board of Selectmen
' Town of Exeter Town Hall 10 Front Street Friend Street K E'xeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary N.
Holmes, Esq.
RFD Dalton Road Holmes & Ellis l
Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03941 Philip Ahrens, Esq.
Diane Curran, Esq.
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 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 Ivan Smith, Chairperson Civil Defense Director Atomic Safety and Licensing
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Town of Brentwood Board Panel l
20 Franklin Street U.S. Nuclear Regulatory Commission i
Exeter, NH 03833 Washington, DC 20555 l
1 i
4 t a 4
Gustave A.
Linenberger Charles P.
Graham, Esq.
Atomic Safety & Licensing Board McKay, Murphy & Grahan 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.
Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad Street Boston, MA 02110 Rep. Edward J. Markey, Chairman U.S.
House of Representatives Subcommittee on Energy Conservation and Power Room H2-316 House Office Building Annex No. 2 Washington, DC 20515 Attn:
Linda Correia 1
- 7,jf 8'
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'Steph6n A.
Jo
~s Assistant A orney General Deputy Chie-Public Protection Bureau Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-4878 Dated:
September 21, 1987 l
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