ML20235R928
| ML20235R928 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/01/1987 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20235R605 | List: |
| References | |
| OL, NUDOCS 8710080235 | |
| Download: ML20235R928 (8) | |
Text
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l Dated:
October 1, 1987 UNITED STATES'OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
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PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
)
Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues
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)
APPLICANTS' OBJECTION IN THE NATURE OF A MOTION IN LIMINE TO THE ADMISSION IN EVIDENCE OF THE TESTIMONY OF DR. ALBERT E.
LULOFF
. CONCERNING VARIOUS MATTERS RAISED IN THE "ETE" AND " SHELTERING" CONTENTIONS AND ATTACHMENT 2 TO THE TESTIMONY Applicants object to and move this Board in the nature of a Motion in Limine to exclude as evidence in this proceeding the " Testimony of Dr. Albert E. Luloff.
concerning Various Matters Raised in the 'ETE' and
' Sheltering' Contentions" as appears in Part II. "TOH III and SAPL 34 - Population Growth" (pp. 2-8) and the Attachment thereto, entitled REPORT ON POPULATION GROWTH IN THE NEW HAMPSHIRE EPZ (September 1987) including Exhibits 2.1 Population Change, 2.2 Population Forecast, 2.3 Land 8710080235 871001 PDR ADOCK 05000443 y
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Use, 2.4 Housing Stock, Building Permits and Condominiums, 2.5 Employment and Manufacturing, 2.6 Vehicle Registration, 2.7 Traffic Routes, 2.8 PSNH Electric Load Forecast and 2.9 OSP Population Projections.
In-support of their objection.and motion Applicants say that the testimony, including the attachment and exhibits, presents matters which are beyond the scope of Commission emergency planning regulations and guidance and thus have no regulatory basis and are irrelevant to these proceedings.
NUREG-0654, FEMA-REP-1, Rev.
1, II.J.10.b., for example, calls for a determination of the resident and transient I
populace and an identification of its distribution around the nuclear facility.
Also Appendix 4, Part II calls for an estimate of the number of people in three segments to be j
evacuated:
A.
Permanent Residents, B.
Transient Populations and C.
Special Facility Population.
Growth is to be reflected as it is realized in future plan updates.
But nowhere are population growth estimates called for and particularly of the nature presented by the Luloff testimony and report.
See Southern California Edison Co. (San Onofre Nuclear Generating Station, Units 2 and 3), LBP-82-39, 15 NRC 1163, 1243 (1982), affirmed, ALAB-717, 17 NRC 346 (1983).
See also Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), LBP-83-32A, 17 NRC 1170, 1179-80.
Accordingly, the parties ought to be relieved of l
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' the great. time and effort needed to respond to the testimony and att, hment in question.
By their attorneys,.
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/ f {l Thomas G. M gnan, Jr.
George H. Lewald Kathryn A.
Selleck Ropes & Gray i
225 Franklin Street Boston, MA 02110:
(617) 423-6100 S
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Dated.
OctobN 1, 1987 OCT ~5 pg :5g UNITED STATES OF AMERICA VfFCbf[gh[
80Ch NUCLEAR REGULATORY COMMISSION BRANcq before the ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
)
Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues
)
)
CERTIFICATE OF SERVICE l
I, Kathryn A.
Selleck, one of the attorneys for the Applicants herein, hereby certify that on October 1, 1987, I made service of the following documents:
1.
Applicants' Direct Testimony No. 1 (Letters of Agreement) with Attachments 1 through 6; 2.
Applicants' Direct Testimony No. 2 (Special Needs/ Transportation) with Attachments 1 through 4; 3.
Applicants' Direct Testimony No. 3 (Personnel Resources);
4.
Applicants' Direct Testimony No. 4 (Decontamination and Reception Centers) with Attachments 1 through 4;
5.
Applicants' Direct Testimony No. 5 (Notification / Communications) with Attachment 1;
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l 6.
Applicants' Direct Testimony No. 6 (Sheltering) l with Attachments 1 through 4; l
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7.
Applicants' Direct Testimony No. 7 (Evacuation Time Estimate and Human Behavior in Emergencies) with l
Attachments 1 and 2; I
8.
Errata to Applicants' Direct Testimony No.
1, 9.
Errata to Applicants' Direct Testimony No. 2, 10.
Errata to Applicants' Direct Testimony No.
3, 11.
Errata to Applicants' Direct Testimony No.
4, 12.
Errata to Applicants' Direct Testimony No.
5, 13.
Errata to Applicants' Direct Testimony No.
6, 14.
Errata to Applicants' Direct Testimony No.
7, 15.
Applicants' Objection in the Nature of a Motion in Limine to the Admission Into Evidence of s
Commonwealth of Massachusetts Testimony of Steven C.
Sholly on Technical Basis for the NRC Emergency Planning Rules, Dr. Jan Beyea on Potential Radiation Dosage Consequences of the Accidents that form the Basis for the NRC Emergency Planning Rules, Dr. Gordon Thompson on Potential Radiation Release Sequences, and Dr. Jennifer Leaning on the Health Effects of Those Doses, 16.
Applicants' Objection in the Nature of a Motion in Limine to a Portion of Seacost Anti-Pollution League Testimony of David P. MacDonald on SAPL Contentions 8 and 8A Relative to the Town of Rye, 17.
Applicants' Objection in the Nature of a Motion in Limine to the Admission in Evidence of the Testimony of Ann Hutchinson Regarding TOH Revised Contention III, IV and VI and SAPL Contentions 8, 8A 15, 31 and 37.
18.
Applicants' Objection in the Nature of a Motion in Limine to the Admission in Evidence of the Prefiled Testimony of John Pennington, Constance Leavitt, Sheila Nudd, Andrea Shepard, Bevery Peeke, Janice Galloway, Mary Alice Sargent, Ellen Berry, Herb Moyer, Dianne Dunfey, Marie Mathews, Joanne B.
Millette, and Barbara Knapp Regarding TOH Revised Contentions IV a.id VI on SAPL Contentions 8, 8A, and 15 and " Town of Hampton Exhibit for ASLB Hearings" Relating Thereto. T L
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- 19. -Applicants' objection in the Nature of a Motion in Limine to the Admission in Evidence of the Testimony of Dr. Albert E. Luloff.
Concerning Various Matters Raised in the "ETE" and j
" Sheltering" Contentions and Attachment'2 to the Testimony.
3 Service was made_by depositing copies thereof.with Federal Express, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to) i
-Administrative Judge Ivan W.
Robert Carrigg, Chairman Smith, Chairperson, Atomic Safety Board of Selectmen and Licensing Board Panel Town Office U.S.
Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Judge Gustave A.
Linenberger Diane Curran, Esquire q
Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss U.S.
Nuclear Regulatory Suite 430 j
-Commission 2001 S Street, N.W.
I East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814
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j Dr. Jerry Harbour Stephen E. Merrill j
Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S.
Nuclear. Regulatory Assistant Attorney General Commission Office of the Attorney General East West-Towers Building 25 Capitol Street J
4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814 Atomic 4 Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S.. Nuclear Regulatory Director Commission U.S.
Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road i
Bethesda, MD 20814 Bethesda, MD 20814
- Atomic Safety and Licensing Robert A. Backus, Esquire i
l Appeal Board Panel 116 Lowell Street i
U.S.
Nuclear Regulatory P.O.
Box 516 Commission Manchester, NH 03105 Washington, DC 20555 i
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Philip Ahrens, Esquire Mr.
J.
P. Nadeau Assistant Attorney General ~
Selectmen's Office Department of the Attorney 10 Central Road l
. General Rye, NH 03870 l
Augusta, ME 04333
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Paul McEachern, Esquire Carol S.
Sneider, Esquire i
L Matthew T. Brock, Esquire Assistant Attorney General j
Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue one Ashburton Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route'107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen l
'(Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 l
- Senator Gordon-J. Humphrey Mr. Peter J. Matthews one Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 q
Exeter, NH 03833
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f H.
Joseph Flynn, Esquire Brentwood Board of Selectmen l
Office of General Counsel RFD Dalton Road 1
Federal Emergency Management Brentwood, NH 03833 Agency i
500 C Street, S.W.
Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 1
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o Mr. Ed Thomas Judith H. Mizner,psquire FEMA, Region I Silverglate, Gertfier, Baker, 442 John W. McCormack Post Fine,. Good &.Mizner office and Court House 88 Bread Street' Post Office Square-Bostoni.MA 02110 7
Boston, MA. 02109 Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913
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! L Ka(Ehfyn A.
Selleck
(*=0rdinary U.S. Finit Class Mail.)
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