ML20235R501
| ML20235R501 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/02/1987 |
| From: | Traficonte J MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20235R461 | List: |
| References | |
| OL, NUDOCS 8710080078 | |
| Download: ML20235R501 (9) | |
Text
{{#Wiki_filter::$, t 1. Dge j7 oct -5 p5:59 UNITED STATES OF AMERICA ' 6FFICD OF f ECRtTA Ay NUCLEAR REGULATORY. COMMISSION 99CMEltNG 0$EWlbf BRANCd Before Administrative Judges: Ivan.W. Smith, Chairperson Gustave A. Linenberger, Jr. Dr. Jerry Harbour ) ') j In the Matter of ) ) PUBLIC SERVICE COMPANY OF NEW' ) Docket Nos. HAMPSHIRE, ET AL. ) 50-443-444-OL (Seabrook Station, Units 1 and 2) ) (Off-site EP) ) October'2, 1987 ) l REPLY TO APPLICANTS' RESPONSE TO MOTION OF ATTORNEY GENERAL JAMES M. SHANNON, NECNP, SAPL AND TOH i TO POSTPONE HEARING ON SHELTERING CONTENTIONS OR, IN THE ALTERNATIVE, TO STRIKE APPLICANTS' TESTIMONY ON' SHELTERING 1. On September 14, 1987, the Applicants disclosed their intention to plan to shelter the summer beach population for the first time in this proceeding in direct contradiction to their position during discovery. The Applicants' reference to certain of their interrogatory responses and other filed materials attempts by sleight-of-hand to convince this Board ) that the Applicants' present intent to include sheltering in the Plan does not surprise the other parties. However, the i 8710080078 871002. {- PDR ADOCK 05000443 G PDR ) l
'O Applicants ignore the enormous difference between including an actual sheltering component in the emergency plan to be litigated and the mere representation that ad hoc sheltering is a possibility that the plan does not preclude. The Applicants efforts at shifting this Board away from the actual basis of the motion include the following purposeful mischaracterization of the stated grounds of that motion: The thrust of the motion is that Mass AG and the other interveners are " surprised" that the testimony of the Applicants filed in this matter asserts that it is possible to shelter the beach population. Applicants' Response, p.l. (emphasis supplied) The " surprise", of course, haa nothing to do with the Applicants' irrelevant view concerning the possibility of sheltering the beach population. Instead, in direct contradiction to the unambiguous language of the NHRERp and the express position taken in discovery by both the Applicants 1/ and the State of New Hampshire, the Applicants now disclose I 1/ In their response to Interrogatory 79 of the First Set of l Interrogatories filed by the Attorney General, the Applicants, j when asked to provide "any plans you have relative to 1 sheltering the transient summer beach population, and indlcate if, how and when you intend to amend or add to those plans in any way" responded: The NHRERp Volumes 1, 16 and 18 provide for the continuum of protective responses that would be implemented to protect the health and safety of the public, including seasonal beach populations, in the event of a radiological emergency. 1 The plans in NHRERp Volumes 1, 16 and 18 will be updated periodically as described in NHRERp Volume 1, Section 3.3. l But Volume 1 at 2.6-7 stated: " sheltering may not be 1 t considered a feasible protective action on seacoast beaches." I f 1 t l [ l 1
c-their intention to include a plan to shelter the beach population. If words have meaning, there is a difference between stating that sheltering is a possibility but is not part of the plan and now proposing sheltering as a planned
- response, j
2. The Applicants' feint is particularly ineffective in light of FEMA's own view of what the NHRERP did and did not include. FEMA at page 39 of Exhibit A to its pre-filed testimony stated: We understand that the plans contain no consideration of sheltering the " day trippers" because on summer days when there are a large number of these people, it is not possible to find reasonably accessible shelter for them. (emphasis supplied) This FEMA position was first expressed on June 4, 1987. Between that date and September 14, 1987 the Applicants said nothing to indicate that in fact FEMA was mistaken about the contents of the Plan. Obviously, the Applicants did not so indicate because during that time discovery was still open. Only on the eve of these hearings, did the Applicants consider it appropriate to disclose that sheltering is part of the Plan and that its intention to include sheltering in the Plan should have been obvious to the parties from its earlier statement that sheltering was possible. Moreover, from materials filed by FEMA with this Board on l l September 30, 1987, it is clear that PEMA is still not sure whether New Hampshire intends to amend its plan to include t
m. a sheltering or not. After receipt of material from the New Hampshire Office of Emergency Management, Edward Thomas in a September 15, 1987 letter to Richard Strome stated: On September 9, 1987, my office received three copies of a " Shelter Study for the Beach Areas near Seabrook". In your transmittal letters, you indicate the information is not part of the plans.
- However,
. these documents seem to be the type of material usually associated with State / local emergency plans. . This raises several questions which both this office and FEMA headquarters feel require clarification If these submissions are not part of the New Hampshire plan, then what is it? Thomas letter dated September 15, 1987 attached to FEMA's Response to Interveners' Motion for Suspension of Hearings filed September 20, 1987. (emphasis supplied) 3. Finally, Applicants assertion that even if there has been surprise the time before the sheltering issues are heard cures any due process violation reveals a curious conception of due process. Not only are the parties being denied the opportunity to file contentions and conduct discovery on this essential element of the Plan,2/ but outlines of rebuttal testimony (the only possible form of response to the September 14 sheltering " plan") are to filed on October 5, 1987 In litht of these circumstances, it is disconcerting to read that the passage of time alone will cure any due process problem that has resulted from the Applicants' quite calculated method of conducting litigation. 2/ For that matter, the parties are being denied the opportunity to even read or see significant portions of the sheltering plan that the Applicants intend to file eventually. l - ____ ___ ___
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Ha-t I.. [.- For'all.of'the above reasons, the Interveners' motioh"toL ] L postpone hearing on the sheltering issues or, in the;
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't alternative, to strike. Applicants' testimony should be allowed. I e Respectfully submitted, \\ James M. Shannon Attorney General. 4 I
- 1 By:
[M d- ~ ra i4. Ost ranqTe r Car 1 S. Sneider Je n Traficonte lan R. Fierce Assistant. Attorneys General Nuclear Safety Unit DepartmentofAttorney,feneral l Boston, MA -02108-1683 (617)-727-2265 l 4 ,Yb Dated: October 2, 1987 / 4 1 l-g , i
m i O ' s '\\ J UNITED STATES OF AMERICA m f[3[ NUCLEAR REGULATORY COM'1ISSION (A, ATOMIC SAFETY AND LICENSING BOARD ~l Before Administrative Judges Ivan Smith, Chariperson s Gustave Linenberger, Jr. j .i Dr. Jerry Harbour / ( ) .In the Matter of ) ) PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) HAMPSHIRE, ET AL. ) 50-443/444-OL (Seabrook Station, Units 1 and 2) ). October 2, 1987 ) ) i CERTIFICATE OF SERVICE 1 I, John Traficonte, hereby certifty that on October 2, 1987, I made U service of REPLY TO APPLICANTS' RESPONSE TO' MOTION OF ATTORNEY GENERAL. T JAMES M. SHANNON, NECNP, S APL AND TOH QX) POSTPONE HEARING ON SHELTERING CONTENTIONS OR, IN THE ALT 2RNATIVE, TO STRIKE AFFsICANTS" TESTIMONY ON SHELTERING and MOTION OF ATTORNEY GENERAL JAMES M. SHANNON, NECNP, SAPL AND TOH TO FILE REPLY TO APPLICANTS RESPONSE TO MOTION TO POSTPONE HEARING ON SHELTERING ISSUES, by depositing in the i U.S. mail, firet class postage paid, addressed to, or as indicated [*], by mailing copies thereof with Federal' Express, prepaid, for delivery to: ,yj
- Ivan Smith, Chairman
- Gustave\\A. Linenberger, Jr.
-{ l Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission 1 Commission East West Towers Building l East West Towers Building 4350 East West Highway 1 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 j? i
- Dr.
Jerry Harbour Sherwin E. Turk, Esq. l Atomic Safety & Licensing Board Office of the' Executive Legal 4 U.S. Nuclear Regulatory Director t / Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4 4350 East;. West Highway 7735 Old Georgetown Road Bethesdg, M? 20814 Bethesda, MD 20814 f
s4. i me, 0-1 y F H. Joseph'Flynn,-Es?. Stephen E.-Merrill. AssistantLGeneral Counsel Attprney1 General f Office ofoGeneral' Counsel Grtorge: Dana Bisbee ,f 1,4 y Federal Emergency Management Assistant Attorney _ General 'N-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 Commissi'on State House Station 112 l Washington,:DC. 20555 Augusta, ME 04333 Rob I ta C. Pevear. Diana P. Randall l State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874. l Drinkwater. Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq. l Appeal Board Panel Backus,.Meyety"jSolomon L U.S. Nuclear Regulatory 116 Tcwell.Stieet 4 Commission P.O.-Box 516 1 Washington, DC '20555 y ,Mancheste'r,NH03106 i j, Jane Doughty
- Atomic Safety-6' Licensing
+e Board. Panel Seacoast Anti-PollU. tion League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH= 03Pql l' - -Washington, DC 20555 e { l Paul McEachern,'Esq. J.-P. Nadeau 1 Matthew T. Brock, Esq. Board of Selectmen l Shaines & McEachern 10 Central Roadt f 25 Maplewood Avenue Rye, NH 03870 l i P.O. Box 360 i s Portsmouth, NH 03801 'e Sandra Gavutis, Chairperson Calvin A. Canney Board of Selectmen City Manager s. RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 1 l 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 l (Attn: Herb Boynton) Newburyport, MA 01950 l
4 Donald E. Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, MH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W. Holmes, Esq. 'h RFD Dalton Road Holmes & Ellis g Brentwood, NH 03833 47 Winnacunnet Road .f Hampton, NH 03841 { Philip Ahrens, Esq. Diane Curran, Esq. Assistant Attorney General Harmon & Weiss Department of the Attorney suite 430 General 2001 S Street, N.W. f -) State House Station #6 Washington, DC 20009 Augusta, ME 04333 n'
- Thomas G.
Dignan, Esq. Richard A. Hampe, Esq. R.K. Gad III, Esq. Hampe & McNicholas 1 Ropes & Gray 35 Pleasant Street N 225 Franklin Street Concord, NH 03301 UN 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 i ) ' Civil Defense Director Board of Selectmen ' 'c Town of Exeter Jewell Street, RFD 2 j 10 Front Street. South Hampton, NH 03827 l Exeter, NH 03833 Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen - ~~ Town Office 13-15 Newmarket Road l 3 Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 .c 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 Exeter, NJ 03833 Commission Washington, DC 20555 n l l =
4 i Dr. Emmeth A. Luebke 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. 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 Nashington, DC 20515 Attn: Linda Correia . // { ',"W \\bA n Traficon'te A sistant Attorney General uclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2265 Dated: October 2, 1987 ._____________-_-_____}}