ML20235J001
| ML20235J001 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/10/1987 |
| From: | Lord W AMESBURY, MA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4014 OL, NUDOCS 8707150351 | |
| Download: ML20235J001 (4) | |
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'87 JUL 13 P134
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I Board of Selectmen (k,
Town Hall, Amesbury, MA 01913 Tel. 388-0290 BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD In the matter of
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Docket Nos. 50-443-OL
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50-444-OL PUBLIC SERVICE COMPANY
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OF MEW IIAMPSIIIRE, et al.
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Offsite Emergency Planning
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(Seabrook Station, Units 1 & 2)
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July 10, 1987 TOWN OF AMESBURY'S MOTION FOR RECONSIDERATION OF BOARD'S ORDER OF JUNE 30, 1987.
NOW COMES THE TOWN OF AMESBURY, MASSACIlUSETTS, and moves this Board reconsider its Order of June 30,' 1987, establishing a date and le> cation for commencement of hearings.
In support cf this motion, the TOA states:
In its Order of June 30, 1987, the Board has chosen the Federal Office Building at 10 Causeway St., Boston, Massachusetts, as the site f
for evidentiary hearings on the New Hampshire Radiological Emergency Response Plan.
Just that fact alone - that the New flampshire plans will be litigcted in the Commonwealth of Massachusetts - should be ample support for granting this motion to reconsider and return the hearings to the New llampshire Seacoast region. Not only is the Board's l
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l chosen location in another State from the issue in question, but it is j
also nearly 50 miles from the facility andithe citizens most directly 1
affected by that facility.
To date, past hearings conducted by both this Board as well as the Wolfo Board have been held in close proximity to seabrook Station.
Those sites have included a motel and the basement of a church, and at
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o TOA, page 2 no time in the past has there been any detrimental effect on the proceedings by them not being held in a " federally secure facility".
The Board's order offers no rationale for such a drastic change in venue.
The TOA willfully acknowledges that there is no regulatory requirement to conduct hearings within a specific distance to the Applicants' facility. However, the Board is required to "... conduct a f air and impartial hearing..."(10 CFR 2.718) and that "...all hearings be in public..."(10 CFR 2.751). Both citations are highly subjective in interpretation, and the ToA is not attempting to state that this Board would violate either of the regulations. The question these regulations raise is in the' interpretation that is most bene-ficial to the general public and to the citizens directly represented by the TOA's agent to these proceedings.
The question of " fair and impartial hearings" goes beyond the scope of courtroom and judicial procedure and enters the realm of perceptions. The general public can well perceive that the NRC has something to hide by calling hearings in a location at such a distance
,f rom prior hearings and in a facility that appears less than open to inspection.
Fairness and impartiality should be extended to all by holding these hearings literally in the subject's backyard.
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The second question, that "all hearings will be public", again l
lends itself to an interpretation that best befits the needs of the general public. The elements of distance, travel time, expense and absence from job and family will greatly limit the number of citizens and residents able to view the scheduled proceedings. True, the Federal Office Building in Boston is a public facility and theoretically open to all who choose to attend. However, the reality of
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TOA, page 3 accessibility by any and all residents of the Seabrook region is i
diminished by such a location. The "public" in this case are those who live and work within the 10 mile radius of Seabrook; hearings 4
in Boston on the fHIRERP cannot be considered truly public if those 1
most directly affected are hindered in their desire to observe.
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The TOA anticipates that the Applicants will respond to this motion, in part, by stating that the issue is of regional importance and that parties to this proceeding represent persons throughout a wide territory, therefore the issue of hearing location is not relevent. The TOA, on the other hand, does not represent persons beyond the boundaries of the Town.
TOA's interests lie with the safety of a specific group of citizens who will be adversely affected by the logistical problems inherent with hearings held at such a distance from the Seabrook EPZ.
The TOA repeats its belief that the elements of distance, travel time, expense and absence from job and i
family constitute a valid reason for re-scheduling the NHRERP hearings within the Seabrook 10 mile EPZ, with the highest consideration given to holding said hearings in the State of New Hampshire.
For the reasons stated above, the TOA urges this Board reconsider its Order of June 30, 1987, and establish a new hearing location within the Seabrook Station 10 mile EPZ.
For th To of Amesbury, J'
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William S. Lord
'N Amesbury Board of Selectmen Amesbury, MA 01913 CERTIFICATE OF SERVICE I, William S. Lord, certify that the 'IVWN OF
.SBURY'S MOTION FOR RECONSIDERATION has been served of the attach lic
'of(pa o,s,
by first-class mail, this 13th day of July, 87.
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SERVICE LIST p
,.Hefen Hoyt Paul McEachern, Esq.i Edward Thomas ASLB Matthew Brock, Esq. >
FErg m Repign 1 USNRC i
Shaines & McEachern.
442 McCormack POCH Washington, DC 2Q555 25 Maplewood Ave.
PostOfficeSqb.h' P.O. Box 360 Boston, MA 02109 Oustave Linenberger Portsmouth, Nd 03801; i
ASLB Michael Sapsgsk3 P135 USNE Senator Gordon Humphrey Board of Selectmen Washington, DC 20555 U.S. Senate So. Hamp ton, NH 03827 Washington, DC 20510.
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Dr. Jerry Harbour CharlesP.ENiahahyEsq.
attn: Tom Burack i
ASLB 100 Main St.
USNK Senator Gordon HumpNrey Old Post Office Sq.
Washington, DC 20555 1 Eagle Sq.-Suite 507 Amesbury, MA 01913 Concord, NH 03301 ASLBP attn: Herb Boynton
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Mn Jane Doughty USNRC 33pg i
Washington, DC 20555 Thomas F. Powers III,
5 Market St.
Town Manager j
Portunouth, NH 03801 ASLAB 10 Front St.
i Exeter, NH 03833 5
Roberta C, Pevear USNRC Washington, DC 20555 27 Drinkwater Rd.
H. Joseph Flynn Hampton Falls, NH 03844 Docketing & Service Off, of Gen. Couns@
Off. of the Secretary FEMA ll Richard A. Hampe, Esq.
USNRC 500 C St.,
SW Hampe & McNicholas Washington, DC 20555 Washington, DC 20472' 35 Pleasant St.
Concord, NH 03301 Robert Carrigg Mr. J.P. Nadeau Board of Selectmen Selectmen's Office Judith H. Mizner, i:sq.
Town Hall 10 Central Rd.
Silverglate, Gertner, Baker, r,
No. Hampton, NH 03862 Rye, NH 03870 Fine, Good & Mizner 88 Droad St.
Diane Curran, Esq.
Carol S. Sneider, Esq.
Boston, MA 02110 Harmon & Weiss Off. of the Atty. Gen.
2001 S S t., NW l Ashburton Place Beverly Hollingworth Suite 430 19th Floor 209 Winnacunnet Rd.
Washington, DC 20009 Boston, MA 02108 i
Hampt.on, NH 03842 George Dana Bisbee, Esq.
Calvin A. Canney Thomas Dignan, Esq, Off. of the Atty. Gen.
City Manager R.K. Gad III, Esq.
25 Capitol St*
126 Daniel St.
Ropes & Gray Concord, NH 03301 Portsmouth, NH 03801 225 Franklin St.
Boston, MA 02130 Sherwin E. Turk, Esq*
Mr. Angie Machiros David MacDonald, CD Dir.
Off, of the Exec. Legal Dir.
Board of Selectmen USNRC 670 Long John Rd.
Newbury, MA 01950 Washington, DC 20555 Rye, NH 03870 Mayor Peter S. Matthews Robert A. Backus, Esq,.
City Hall Backus, Meyer & Solomon Newburyport, MA 01950 116 Lowell St.
P.O. Box 516 Brentwood Board of' Selectmen
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Manchester, NH Q3105 RFD Dalton Rd, For th To of Amesbury, Philip Ahrens, Esq.
Dept, of the Atty, Gen, Gary W. Holmes, Eaq.
I Augusta, ME 04333 Holmes & Ellis W/I I
47 Winnacunnet Rd, D William'S. Lord f.
Mrs. Sandra Gavutis Hampton, NH 03842 Amesbury Board of Selectmen l
Board ~of Selectmen RFD 1 - Hox 1154 Kensington, NH 03827 l
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