ML20235T426

Answer of Atty General Jm Shannon to Applicant Motion for Schedule for Litigation of Massachusetts Plan.* Requests Board Allow 60 Days After Hearing on New Hampshire Plans for Consideration of Massachusetts Plan.W/Certificate of Svc

ML20235T426
Person / Time
Site:	Seabrook
Issue date:	10/05/1987
From:	Sneider C MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4571 OL, NUDOCS 8710130083
Download: ML20235T426 (9)

Text

_ _ . _ _ _ _ _ _ _ _ _ _ _ _ - . _ _ _ . _ . - _. _ __

9 57/

4

~

"#W" UNITED STATES OF AMERI ET -8 p *12 NUCLEAR REGULATORY COMMISS ~ON -

iRtW I Before Ivan W.Administrative JudtfM S{yPVIU-Smith,ChairpergfqKEigi Gustave A. Linenberger, Jr.,

Jerry Harbour b

)

In the Matter of ) Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF ) 50-444 OL NEW HAMPSHIRE, et al., ) (Off-site Emergency (Seabrook Station 1, Units 1 and 2) ) Planning Issues)

) )

ANSWER OF ATTORNEY GENERAL JAMES M. SHANNON TO APPLICANTS' MOTION FOR SCHEDULE FOR LITIGATION OF MASSACHUSETTS PLAN Attorney General James M. Shannon hereby files his response

'to applicants' motion to establish a schedule for litigation of l the "Seabrook Plan for Massachusetts Communities" (SPMC). For the reasons set forth below, the Attorney General asks that a schedule be set for litigation of the "SPMC" commencing no less than sixty days after the date set for interveners' filing of proposed findings of facts and conclusions of law on the New Hampshire Radiological Emergency Response Plan (NHRERP):

1. In litigation of the more recent versions of the NHRERP, the Licensing Board has, for the most part, set a schedule providing the parties 30 days for the filing of contentions.1! However, as the Board made clear this 1/ NHRERP, Rev. 2, was filed on or about September 8, 1986.

On November 4, 1986, the Board set a schedule requiring the filing of contentions by December 1, 1986.

8710130083 871005 PDR ADDCK 05000443 Q PDR D30

abbreviated amount of time for filing of contentions was due, in part, to the fact that the parties had already seen and l filed contentions on several previous versions of the NHRERP.S! See e.g., Memorandum and Order, dated November 4, 1986, at pp. 38-39. With respect to the SPMC, however, no l

previous RERP for Massachusetts has been filed in this proceeding. The parties are therefore unfamiliar with these plans for Massachusetts and will require some amount of time just to go through these volumes to initially familiarize themselves with the essential elements and structure of the plan. In addition, the fact that this is a utility plan, rather than a state or local-government sponsored plan, raises a host of new issues not previously considered by the parties and which will require a certain additional amount of time to address. In light of the fact that no previous version of these plans have been seen, at least 60 days are required to go through these volumes and adequately draft contentions.

2. The Massachusetts Attorney General, along with a number of the other parties in this proceeding, is currently engaged in litigation over the adequacy of the NHRERP and will not have sufficient resources to thoroughly review the plans for 2/ The first version of the NHRERP was filed in 198?, a new IIHRERP was filed in January, 1986, several revisions to the NHRERP were filed in the Spring of 1986, and the NHRERP, Rev.

II, was filed in September, 1986.

o e

Massachusetts until after these. hearings on the NHRERP are completed and proposed findings filed. The Attorney General has filed extensive testimony (from 16 expert witnesses) and has been designated " lead intervenor" on two of the major l

l issues in the NHRERP proceeding -- ETEs and sheltering. The attorneys working on the case will be spending virtually all of their time until the close of hearing in preparing rebuttal testimony (which on sheltering contentions may be quite extensive in light of the new plan to ahelter the beach population), preparing witnesses for cross-examination, preparing cross-examination of other parties' witnesses, and in l

attendance at the hearings.

In addition, there are a number of off-site hearing matters with which we are still very actively engaged. First, the filing of utility plans for Massachusetts has once again triggered the possibility of issuance of a low-power operating license for the Seabrook plant. Briefs are due to the Commission by October 9th on whether the current stay of that license may be lifted in light of the utility's filing. If the Commission does lift the stay (and no other stay is imposed) we will be appealing that decision immediately to federal court.

Also, on October 1, 1987, the Appeal Board issued its decision on the appeal filed by the Attorney General and other 1

interveners of the off-site Licensing Board's partial initial J

decision, affirming that decision in part and remanding certain i

l u_______._________ .

O matters to the Licensing Board for hearing. The Attorney General will be filing with the commission a petition for review of that decision within the next two weeks. He is also seeking that two contentions over which the Appeal Board has retained jurisdiction be remanded to the Licensing Board for hearing. See Attorney General James M. Shannon's Memorandum in Response to Appeal Board Order of September 17, 1987, dated October 2, 1987, at 8; and Letter to Appeal Board regarding the siren coverage in Merrimac, Massachusetts, dated October 2, 1987. Also, on September 21, 1987 the Attorney General filed with the off-site Board a new contention and request to reopen the record based an the fact that notification sirens in the

. city of Newburypart, Massachusetts have been dismantled.1!

In light of ell the above activities with which the Attorney General's office will be engaged over the next several months, the Attorney General will simply not have the necessary resources available to review the utility's response plans for Massachusetts until the close of hearings on the New Hampshire's plans. The citizens of Massachusetts, whose health and safety should be of paramount concern here, deserve that sufficient time be provided to enable a careful and thorough review of these utility emergency response plans. The. e f o r e ,

i 3/ Attorneys working on the Seabrook case for the Attorney General are also currently engaged in proceedings over two other nuclear power plants -- Pilgrim and Vermont Y:: kee. .

1 1

_4-

l the Attorney General requests that the Board allow sixty days after the close of hearings on the New Hampshire plans for any filing of contentions on the Massachusetts plans.

Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL COMMONWEALTH OF MASSACHUSETTS

&& 5 d5xe DAD Carol S. Sneider Allan R. Fierce John Traficonte Frank W. Ostrander Assistant Attorneys General Nuclear Safety Unit ,

Office of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-2265 DATED: October 5, 1987

l -

e BOCKETEe USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSI9@ OCT -8 P3 :12 (FFICE OMECRLR6Y

) 90CMETsNti& 3DVICI.

In the Matter of NAN

)

)

PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL. )

(Seabrook Station, Units 1 and 2) )

)

)

CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on October 5, 1987 I made service of the within documents, by mailing copies thereof, postage prepaid, by first class mail, and as indicated by an asterisk, by hand delivery, to:

• Ivan W. Smith, Chairperson *Gustave A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814

• Dr. Jerry Harbour *Sherwin E. Turk, Esq. 1 Atomic Safety & Licensing Board Office of the Executive Legal l U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Conmission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814

• H. Joseph Flynn, Esq.

• Stephen E. Merrill  !

Assistant General Counsel Attorney General ,

Office of General Counsel George Dana Bisbee Assistant Attorney General l Federal Emergency Management j Agency Office of the Attorney General l

500 C Street, S.W. 25 Capitol Street l Washington, DC 20472 Concord, NH 03301 l

1

Docketing and Service Paul A. Fritzsche, Esq.

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, ME 04333 Roberta C. Pevear Ms. Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing

• Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing

• Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555

• Paul McEachern, Esq. J. P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. 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 Mr. Peter J. Matthews 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Mr. Donald E. Chick *Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913

e Brentwood Board of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road 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.

State House Station #6 Washington, DC 20009 Augusta, ME 04333

• Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 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 Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairperson Board of Se}ectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing j Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, D.C. 20555 Charles P. G r a ha.m , Esq. Judith H. Mizner, Esq. l McKay, Murphy & Graham Silvergate, Gertner, Baker,  !

Old Post Office Square Fine, Good & Mizner 100 Main Street 88 Broad Street Amesbury, MA 01913 Boston, MA 02110 l

g.

e a

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 j Washington, DC 20515 i Attn: Linda Correia SO

.a LC (/ ,

Carol S. Sneider Assistant Attorney General Nuclear Safety Unit Dated: October 5, 1987 i-