ML20235F327
| ML20235F327 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/21/1987 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4474 OL, NUDOCS 8709290048 | |
| Download: ML20235F327 (6) | |
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UNITED STATES OF AMERICA C
NUCLEAR REGULATORY COMMISSION W SEP 24 p 3:33 I
before the ytp.
ATOMIC SAFETY AND LICENSING BOARD 80Cl[O M l' BfG In the Matter of
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Docket No. 50-443-OL //L/(/-d PUBLIC SERVICE COMPANY OF
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NEW HAMPSHIRE, et al
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Off-site Emergency
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Planning Issues (Seabrook Station, Unit 1)
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OBJECTIONS ON BEHALF OF SEACOAST ANII-POLLUTION LEAGUE TO ORDERS ENTERED AT TELEPHONE PRE-HEARING CONFERENCE HELD ON SEPTEMBER 17, 1987
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NOW COMES the Seacoast Anti-Pollution League (SAPL), and enters the following objections to the orders made by the l
presiding officer at the pre-hearing conference held by telephone conference call on September 17, 1987, 1.
SAPL objects to the decision of the Chairman not to permit limited appearances by members of the public.
Although SAPL recognizes that pursuant to S2.715, whether a person who is not a party will be permitted to make a limited appearance is a matter "in the discretion of the presiding officer,"
SAPL is also aware that pursuant to the Statement of General Policy and Procedure Governing Conduct of Proceeding, Appendix A, to Part 2 limited appearances are to be encouraged.
In particular, under " Hearing" it is stated that a Chairman should " call attention to the provisions of S2.715 for participation of limited appearance...." and that "He should l
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. briefly explain those provisions.and the rights of persons whr are permitted to make limited appearances."
The Appendix goes on to state:
"The Chairman should inquire of those in attendance whether there are any who wish to participate in the hearing by limited appearance....", and "A person making a limited appearance may want not only to state his position, but to raise questions which he would like to have answered.
This should be permitted to the extent the questions are within the scope of the proceed-ing as defined by the issue set out in the Notice of Hearing, the pre-hearing conference order and any later orders...."
SAPL respectfully submits that the tenor of Appendix A is to facilitate and encourage the making of limited appearances, not to forbid them.
Indeed, SAPL suggests that since the Board acceded to the many requests that the hearings be held in New Hampshire, rather than in Boston, arranged for the use of a hall with the capacity of Representatives' Hall in the New Hampshire State House, it should not then determine that no limited appearances will be permitted.
A major purpose in having hearings near the facility is to permit the public not only to attend, but also to be heard.
With the reconstitution of this Board with Judges Linenberger and Smith, a majority of this Licensing Board Panel has now never heard any public statements in regard to any part of the Seabrook project, and since this is the first hearing scheduled on the issue of the New Hampshire emergency plans, a matter which 1
l vitally concerns the citizens of the areas within the ten mile
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. I planning zone, and the citizens within the host communities, as well as the citizens of the state in general, should be afforded the opportunity to be heard.
To disallow any opportunity for limited appearances at this hearing can only result in increased frustration on the part of the citizens and distrust of the licensing process.
Finally, SAPL would note that at nearly all prior hearings during the construction permit proceedings, limited appearances were allowed.
There is thus a well established precedent for a liberal policy in this regard.
SAPL, therefore, respectfully requests that this Board reconsider its decision not to allow limited appearances by those members of the public wishing to address the board.
2.
SAPL notes its objection to the decision of the Board, announced without opportunity for any comment or argument by counsel for SAPL or the other interveners, granting only one week continuance of the scheduled start of the hearings.1/
The pre-filed testimony submitted by the Applicants apparently makes major I
changes in approach to the emergency planning problem.
For example, Applicants' direct testimony now suggests sheltering is indeed a feasible option for the beach population and claims that 1/
SAPL reiterates that there is no need for a hearing on the New Hampshire plans at this time, since commericial operation is not now projected until April of 1989.
There are no plans for this one-third of the EPE in Massachusetts, a prerequisite for the full power licensing.
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, drivers of emergency vehicles can be recruited from the New
'l Hampshire Department of Transportation and the National Guard, and not merely from the Teamsters Union personnel.
Due process of law 1
and fundamental fairness requires a reasonable opportunity for review of the testimony, some discovery and an opportunity to prepare for trial.
3.
SAPL objects to the requirement'that its cross-examination rights on contentions as to which it may not be stipulated to be lead council can be conditioned upon it having made a " good faith" effort to have lead counsel ask questions meeting its concerns.
SAPL believes that it is entitled, as a matter of right, to conduct such cross-examination as is appropriate to fully develop its contentions, as well the contentions raised by other interveners, and that its representation cannot be required to be entrusted to the legal i
representative of any other party, on condition on f " good faith" effort to have lead counsel ask questions for SAPL.
Respectfully submitted Seacoast Anti-Pollution League By its attorney BACKUS, MEYER & SOLOMON 3,/
n DATED:
September 21, 1987
/ ' J. G 'h 4
2ew :-u Robert A. Backus 116 Lowell Street Manchester, NH 03105 1
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99D(ETEi-
-USNhc CERTIFICATE OF SERVICE
$7 gg3g4 p3.*33-Iherebycertifythatacopyoftheaboveand' foregoing Objections on Behalf of Seacoast Anti-Pollution League t l
1 entered At Telephone Pre-Bearing Conference Held on September 17,
'1987, first class mail, postage prepaid, to all members on the l
attached service list, and federal expressed to those with an asterisk and to Mary Chambers, Thomas Hubbard, Esq. and the Clamshell Alliance.
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[v3, Robert A. Backus i
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' Joseph Flynn, Asst. Gn; Cnsl.
Thomas Dignan, Esq.*
Fed. DnertJ. Mgmt. Agcy.
Ibpes & Gr 3y 500 C St. So. West 225 Franklin St.
Washington, DC 20472 Boston, MA 02110 Dr.' Jerry Harbour
- Office of Selectwn Admin.. Judge Docketing & Serv. Sec.
Town of Hampton Falls Atomic Safety & Lic. Brd.
Office of the Secretary
.Hampton Falls, NH 03844 USNRC USNRC Washington, DC 20555 Washington, DC 20555
'Gustave A. Linenberger*
LShexwin E. Turk, Esq.
Admin Judge Jane Coughty Office of Exec. I49. Dr.
Atanic Safety & Lic. Brd.
SAPL 1
USNRC USNRC 5 Market Street Washington, DC 20555 Washington, DC 20555 Portsnouth, NH 03801 Paul McEachern, Esq.
George Dana Bisbee,' Esq.
'Phillip Ahrens, Esq.
Matthew Brock, Esq.
Asst. Atty. Genera) 25 Maplewocx1 Ave.
Attorney General's Off.
State House, Sta. (l6 P.O. Box 360 State of New Hampshire Augusta, ME 04333 Portsmouth, NH 03801 Concord, NH 03301
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Diane Curran, Esq.
William S. Iord
' Carol Sneider, Esq., Asst. AG Harnon, Weiss Board of Selectnen
'One Ashburton Place, 20001 S Street NW Suite 430
'Icwn Hall-Friend St."
19th Floor Washington, DC 20009 Amesbury, MA 01913 Boston, MA 02108
-Richard A. Hampe, Esq.
Maynard Yomg, Chail ran Sandra Gauvutis B ard of Selectmen NH Civil Defense Agency Town of Kingston 10 Central Road Box 1154 Hampe &'McNicholas 35 Pleasant St.
Rye, NH 03870 East 1(ensington, NH 03827
. Concord, NH 03301
- Judith H. Minner, Esq.
Edward Thorras Mr. Pnhm-t Harrison Silverglate, Gertner, Baker, FEMA Pres, & Chlef Exec. Officer
. Fine, Good &.Mizner 442 J.W. }tCormack (POCH)
PSCO 88 Broad Street Boston, MA 02109 P.O. Ecx 330
' Boston, MA 02110 Manchester, NH 03105 Gary W.'Hcmes, Esq.
Robexta Pevear Atomic Safety and Licensing Holmes & Ellis State Rep. 'Ibwn of Hampton Fall Appeal Panel l
47 Winnacunnet Road Drinkwater Road USNRC
.Hampton, NH 03842 Hampton Falls, NH 03844 Washington, DC 20555 Ivan Smith
- Sheldon J. Wolf, Esq. Chmn.
- Charles P. Graham, Esq.
Admin Judge Administrative Judge McKay, Murphy and Graham Atomic Safety & Lic. Brd.
Atcruic Safety and Lic. Brd.
100 Main Street
-USNRC USNBC Amesbury, MA 01313 Waahington, D.C.
20555 Washington, DC 20555 spy 9mw pegypge,w. ~ wem.
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