ML20235R959
| ML20235R959 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/30/1987 |
| From: | Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4556 OL, NUDOCS 8710080246 | |
| Download: ML20235R959 (7) | |
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September 30, 1987 si act -5 e4 qs h[hf[. OgMY UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
' BRANCH before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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{
PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL OF NEW HAMPSHIRE, EI AL.
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50-444-OL
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(Seabrook Station, Units 1
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(Offsite Emergency and 2)
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Planning Issues)
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APPLICANTS' RESPONSE TO NECNP'S, SAPL'S, TOWN OF HAMPTON'S, AND COMMONWEALTH OF MASSACHUSETTS' MOTION FOR SUSPENSION OF HEARINGS WITH RESPECT TO CONTENTIONS INVOLVING TRANSPORTATION AVAILABILITY,
' RECEPTION CENTERS. AND RESPONSE PERSONNEL ADEOUACY Under date of September 28, 1987, counsel for NECNP, on behalf of NECNP and others, has filed a motion for the suspension of any hearings on the issues of transportation availability, reception centers, and response personnel adequacy.
In the alternative, the Board is asked to strike the prefiled testimony of the Applicants on these issues.
The gravamen of the request for relief is the fact that the prefiled direct testimony introduces "information which i
substantially amends the New Hampshire Radiological Emergency Response Plan (NHRERP).
As a result, say the interveners, they are entitled to have the opportunity of obtaining FEMA's 8710080246 070930 gDR ADOCK05000g3, gg 3 i
- s V
4 views on these matters and to respond to FEMA's findings.
The motion flies in the face of an unbroken line of authority from adjudicatory boards which states that FEMA findings are not a prerequisite to the commencement of hearings on an emergency plan.
"We agree with the applicants and staff to the extent that Section 50.47 (a) (2) does not require deferment of any hearing on State and local government emergency plans to await FEMA's issuance of final findings on those plans.
Rather what that Section contemplates is a licensing decision based on the best available current information on emergency preparedness.
[ citing cases]
Indeed, a contrary interpretation of the Section would be at odds with the FEMA /NRC Memorandum of Understanding and a recent amendment to Section 50.47(a) (2).
Cincinnati Gas & Electric Company (Wm. H.
Zimmer Nuclear Power Station, Unit No.
1), ALAB-727, 17 NRC 760, 775 (1983).
.we have held many times in this proceeding and elsewhere that, while the overall concept and essential elements must be described, a plan need not be formally approved by the pertinent organizations or even final before a reasonable assurance finding can be made.
[ Citing cases]
A fortiori, a olun can be chanced durina the hearina crocess without the crior acoroval of FEMA and other interested entities."
Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), ALAB-863, 25 NRC CCH Nuc. Reg. Rep, Par. 31,013 at p.
32,204 (April 17, 1987).
(Emphasis added).
Accord, Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-781, 20 NRC 819, l
l 828 (1984); Duke Power Company (Catawba Nuclear Station, 2
s Units 1 and 2), ALAB-813, 22 NRC 59, 79 (1985).
The interveners' reliance on ALAB-864 issued May 1, 1987 in this proceeding is equally misplaced.
Therein the f.ppeal Board was concerned with the fact that the Licensing Board had ruled that rebuttal testimony would not be allowed and this would preclude the interveners (and the Applicants for that matter) from having any opportunity to use affirmative testimony to rebut the rebuttable presumption of the FEMA findings.
Here FEMA's position is in its canned direct testimony.
It was taken without reference to the Applicants' prefiled testimony.
There is no unfavorable presumption against the interveners extant.
Indeed in the areas under attack, the Applicants are in the position of overcoming FEMA positions that are in favor of the proposition that the plan is inadequate.
The fact is that what the interveners are upset about is that they have raised objections to the NHRERP and a response to that objection is being made with a view to having the Board make a reasonable assurance finding.
This is no different than having testimony come in which responds to a technical objection by changing the design of the plant to accommodate the contention, or testimony showing a new environmental study to overcome an alleged deficiency in the EIS.
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i CONCLUSION The motion should be denied.
By'their attorneys, d fun Thomds G.
Dignan, Jr.
George H. Lewald Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston,'MA 02110 617) 423-6100 l
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60LMETED USNRC CERTIFICATE OF SERVICE 17 0:T -5 P4 45 I,
Kathryn A.
Selleck, one of the attorneys for the-Applicants herein, hereby certify that on September 30,
- h"hky[j "U bICE 4f C 1987, I made service of the within document by deposit E
copies thereof with Federal Express, prepaid, for deli to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to):
Administrative Judge Ivan W.
Robert Carrigg, Chairman I
Smith, Chairman, 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 1
Bethesda, MD 20814 Judge Gustave A.
Linenberger Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbec U.S.
Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814 Atomic 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 Bethesda, MD 20814 Bethesda, MD 20814
- Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel 116 Lowell Street 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 General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General 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 t
Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager j
RFD 1 - Box 1154 City Hall l
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 (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950
- 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 i
10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H.
Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency J
500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A.
Hampe, Esquire Holmes & Ells Hampe and McNicholas j
47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 j _ - _ _ _ _ _ _
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Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker, 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 Charles P.
Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913 ms Kathrgn"K. S611eck l
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(*=0rdinary U.S.
First Class Mail.)
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