ML20235M297
| ML20235M297 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/10/1987 |
| From: | Curran D HAMPTON, NH, HARMON & WEISS, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20235M300 | List: |
| References | |
| CON-#387-3981, CON-#387-4040 OL, NUDOCS 8707170141 | |
| Download: ML20235M297 (5) | |
Text
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Ablb I l
July 10, 1987 l
UNITED STATES. NUCLEAR REGULATORY COMMISSION 003E f ET:
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j
'87 JL 15 A11 :40
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l In the Matter of
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Public Service Company of
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D h "1,.
m7 New Hampshire, et al.
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Docket Nos. 50a443"OL
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50-444 OL
-(Seabrook Station, Units 1 & 2)
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OFFSITE EMERGENCY l
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PLANNING
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INTERVENERS' JOINT MOTION FOR LEAVE TO FILE REPLY TO THE NRC STAFF'S OPPOSITION TO ATTORNEY GENERAL SHANNON'S MOTION FOR
SUMMARY
DISPOSITION On June 11, 1987, Massachusetts Attorney General James M.
Shannon filed a motion for summary' disposition on Town of Hampton Revised Contention VIII, SAPL Contention 16, and NECNP Contention RERP-8, all of which concern, inter alia, the adequacy of the New 3
Hampshire Radiological Emergency Response Plan ("RERP") to pro-l tect the beach population in the Seabrook Emergency Planning Zone.
Both Applicants and the NRC Staff oppose the motion.
For y
the reasons discussed below, Interveners New England Coalition on j
Nuclear Pollution, Attorney General James M. Shannon, Town of i
Hampton, and the Seacoast Anti-Pollution League (hereafter j
" Interveners"), hereby request leave to file the attached reply to the NRC Staff's opposition to the Attorney General's motion for summary disposition, filed July 2, 1987.
NRC regulations at 10 CFR S 2.749 do not provide parties filing or supporting a motion for summary disposition with an opportunity to reply'to opposing pleadings.
However, the presid-ing officer also has broad powers to " regulate the course of the l
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8707170141 070710 hp)
PDR ADOCK 05000443 G
-2 hearing and the conduct of the participants."
10 CFR 5 2.718(e).
This particular case warrants the exercise of the Board's authority to provide Interveners with an opportunity to respond, especially to the arguments of the NRC Staff.
NRC rules permit the Staff to make its filings after Interveners.
In this case, the Staff has introduced new arguments and purported facts in support of Applicants' position that were not put forward by Applicants, and basic fairness dictates providing Interveners an opportunity to respond.1 In particular, Interveners seek an opportunity to correct the NRC Staff's egregious attempt to dis-tort the governing law and the factual record of this proceeding and thereby give the Board the false impression that a genuine material issue of fact exists with respect to Massachusetts' summary disposition motion.
Key to the Staff's opposition is its assertion that a fac-tual issue exists because one member of the Regional Assistance Committee ("RAC") has dissented from the view of the RAC and the Federal Emergency Management Agency (" FEMA") that the New Hampshire beach population cannot be adequately protected in the 1
In this context, it should also be noted that while Applicants' opposition to Massachusetts' motion addresses the facts alleged by Massachusetts in its Statement of Material Facts Not In Dispute, and supports its allegations with specific reference to the New Hampshire RERP, the NRC Staff introduces entirely new informati'on regarding the deliberations of the RAC and FEMA's speculation about what additional information might eventually change its position on the adequacy of the New Hampshire RERP.
The Staff's statements are quite tangential to the factual allegations made by Massachusetts, and could not have been anticipated by the Attorney General.
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event of a radiological emergency at Seabrook.
It is extremely
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J important to clarify for the record that this RAC member, Robert Bores, was overruled by FEMA, which is ultimately responsible for making a determination on the adequacy of emergency planning for Seabrook.
Interveners also wish to respond to the Staff's argument that the Board may not grant Massachusetts' motion because FEMA has not issued an official " finding" on the beach population pro-tection issue.
This argument rests on nothing more than hopeful speculation that new information-or plans may be submitted and favorably reviewed by FEMA at.some later unspecified date.
As i
discussed in the attached Interveners' Joint Reply, the Staff's argument flatly ignores the clearly established NRC precedent which allows Licensing Boards to consider FEMA's findings and testimony on the current status of emergency plans, before FEMA has issued its ultimate findings.
- See, e.g.,
Duke Power Co.,
et al. (Catawba Nuclear Station, Units 1 and 2),ALAB-813, 22 NRC 58, 78 (1985), and cases cited therein.
Under this standard, the Licensing Board may not ignore FEMA's clearly stated position on the adequacy of protective measures for the New Hampshire beach population, simply because a dissenting RAC member hopes that some unspecified new information may eventually be added to the record and result in a change to FEMA's position.2 2
We also ask the B$ard to consider the NRC Staff's gross and self-serving inconsistency on this point.
While urging denial of the Massachusetts motion on the ground that FEMA's position doc-ument of June 5, 1987, does not constitute offical " findings" as q
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_4_
We note that in a previous summary disposition proceeding, f
concerning technical issues, the Board exercised its supervisory l
authority to provide an opportunity for oral argument.
No oral ~
argument has been scheduled for this summary disposition proceed-ing, which is no less important than the technical issues pre-viously heard.
Because of the need to correct the Staff's blatant distortion of the governing law and the significance of the Bores dissent regarding this critically important issue, and the lack of any other opportunity to correct the record, Inter-venors respectfully request the Board to permit the filing of the
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attached reply to the NRC Staff's opposition pleading.
In the alternative, Interveners request the Board to schedule an oral argu' ment on this issue.
Respectfully submitted on behalf of the above-named
-Interveners,
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Diane Curran HARMON & WEISS W shi g on D C.
00 9 (202) 328-3500 July 10, 1987 I certify that on July 10, 1987, copies of the foregoing pleading were served by hand, overnight mail, or first-class mail f
on all parties to this proceeding, as esignated on the attached i
service list.
,g_
j f
Diane Curran 4
(continued) required by the regulations, the staff supports Applicants' motion for summary disposition of two other contentions based on the conclusions expressed by FEMA in the same allegedly infirm document.
NRC Response at 3.
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.AtcsicSafetyandLicensing Boston,.1A 02109 Board J.P.~Nadeau
- Sherwin E. Turk, Esq.
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Office of General Counsel Sandra Gavutis U.S. HRC, Town of Rye
' Washington,D.C.. 20555 155WashingtonRoad U.S. NRC RfD 1 Box 1154 Rye, New Haspshire 03870 Washington, D.C. 20555 East Kensington', NH O!327.
- Dr. Jerry Harbour AtosicSafetyandLicensing.
RichardE.Sullivan,' Mayor Mr. Angie Machiros. Chairsan
'CharlesP.Grahaa,Esq.
l Board CityHall BoardofSelecteen McKay,HurphyandGrahas U.S. NRC Newburyport, MA 01950 Newbury, MA 01950 100MainStreet 3
Asesbury,MA 01913 Washington, D.C. 20555 H.JosephFlynn,Esq.
AlfredV.Sargent,Chairsan
- Gustave Linenberger Board of Selectaen Office of General Counsel AtomicSafetyandLicensing Town of Salisbury, MA 01950 FEMA Board 500 0 Street S.W.
U.S.HRC SenatorGordonJ.Huaphrey Washington,D.C. 20472
- By Overnight Mail Washington,D.C. 20555 U.S. Senate Washington,D.C. 20510 GeorgeDanaBisbee,Esq.
Atosic Safety-and Licensing (Attn.ToaBurack)
GeoffreyM.Huntington,Esq.
-BoardPanei Office of the Attorney General v; U.S. NRC -
SelectaenofNorthaspton State Ho?se Annet hf
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Washington,'D.C. 20555 Northaspton, New Haspshire Concor5, NH 03301
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Washington.D.C. 20555 Concord, NH 03301 Exeter,hH 03833 c
Docketing and Service MichaelSantosuosso,Chairsan RichardA.Hasse.Esq.
U.S. NRC BoardofSelectmen Harce and McNicholas Washington,D.C. 20555 JewellStreet,RFDI2 35FleasantStreet South Haspton, NH 03042 Concord, hH 03301 Mrs. Anne E. Goodsan BoardofSelectaen Judith H. Hizner, Esq.
GaryW.Holses,Esq, 13-15NewMarketRoad Silverglate,Gertner,etal.
Holtes&E!!is Durhas,NH 03842 89BroadStreet 47WinnacunnentRoad Boston,MA 02110 Haspton,NH 03842 WilliasS. Lord,Selectsan
- TownHall--FriendStreet Rep. Roberta C. Pevear WilliasArsstrong Asesbury, MA 01913 Drinkwater Road Civil Defense Diretter Haspton, falls,NH 03844 10 Front Street Jane Doughty Exeter, NH 03833 SAPL PhillipAhrens,Esq.
5 Market Street AssistantAttorneyGeneral Calvin A. Canney Portscouth, NH 03801-State House, Station 1 6 City Manager Augusta ~, ME 04333 CityHall 126DanielStreet Carol S. Sneider, Esquire
-Assistant Attorney General eThomasG.Dignan,Esq.
Portssouth,NH 03001 1AshburtonPlace,19thFlcor R.K. Gad II, Esq.
Boston,MA 02108 Ropes &G?ay Matthew 1. Brock, Esq.
225FranklinStreet Shaines & McEachern l
l StanleyW.Knowles Boston,MA 02110 P.O. Box 360
-BoardofSelecteen MaplewoodAve.
I P.O. Box 710 Robert A. Backus, Esq.
Fortssouth, NH 03801 s
Backus,Meyer&Soloson 111 Lowell Street
' Edward A. Thosas Manchesteri NH 03105 FEMA