ML20236C140
| ML20236C140 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/14/1987 |
| From: | Chan E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20236C142 | List: |
| References | |
| CON-#487-4651 OL, NUDOCS 8710270029 | |
| Download: ML20236C140 (2) | |
Text
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[Y/i 10/14/87 g-b 3-)
f V
l SgETED UNITED STATES OF AMERICA NUCLEAR REGULATORY. COMMISSION Tl ElT 19 NO:p a
BEFORE THE ATOMIC SAFETY AND LICENSING BOMgh
- In th'e Matter of
)
)
Docket Nos. 50-443 OL
.PUBLIC SERVICE COMPANY OF
)
50-444 OL l
NEW HAMPSHIRE, et al.
)
Off-site Emergency Planning.
)
(Seabrook Station, Units 1 and 2)
)
NRC STAFF RESPONSE TO-APPLICANTS' OBJECTION IN THE NATURE OF A MOTION IN LIMINE TO THE ADMISSION INL EVIDENCE OF THE-PREFILED TESTIMONY OF JOHN PENNINGTON, CONSTANCE' LEAVITT, SHEILA NUDD, ANDREA SHEPARD, BEVERLY PEEKE JANICE GALLOWAY, MARY ALICE SARGENT, ELLEN BERRY, HERB MOYER, DI ANNE DUNFEY, MARIE MATHEWS, JOANNE. B'. MILLETTE, AND
-l BARBARA KNAPP REGARDING TOH REVISED CONTENTIONS IV AND VI ON
-l
~
SAPL' CONTENTIONS 8, 8A, AND 15 AND
" TOWN OF HAMPTON EXHIBIT FOR ASLB HEARINGS"- RELATING THERETO I'
in thelr. October.1,1987, filing Applicants object to and move in the nature. of a Motion in Limine that the Board exclude as evidence in this proceeding the Prefiled Testimony of the captioned named witnesses and the accompanying " Town of Hampton Exhibit for ASLB Hearings" on the i
i grounds that the testimony and exhibits are neither material nor relevant to any issue in the proceeding.
The NRC Staff opposes Applicants' motion for the reasons set forth below.
The testimony of the teachers is that of lay witnesses rather than i
experts on the question of safety and adequacy of evacuation in the event 1
of a radiological emergency at the Seabrook Station.
Early dismissal is an
$f Integral part of the Seabrook evacuation plan for schools within the EPZ.
l As to these matters the testimony is admissible because the teachers have first hand knowledge of the implementation of early dismissal in the 8710270029 871014 FDR -ADOCM 05000443 0
.?
5.- e schools with which. they are associated.
The teachers' opinion regarding
' the : effectiveness of an. early dismissal plan -with. less - than, a full complement of teachers is admissible based on their past experience with early. dismissal under other circumstances.
The teachers'. opinions concerning the specific circumstances which may arise in the event of a radiological emergency goes to the weight of their testimony as opposed to its. admissibility.
The teachers opinion concerning the acceptability of risks associated with an early dismissal due to an accident at the Seabrook plant should l
not. be admitted because they have not demonstrated any special expertise in the evaluation of such risks.
The results of the informal surveys to dcIermine how many teachers would be willing to remain at school to assist with 'a possible evacuation are relevant from a' planning prospective.
The extent to which teachers might - refuse to cooperate in a radiological emergency may affect assumptions made in the NHRERP concerning the efficacy of early j
dismissal and should not be excluded..
For the reasons discussed above the NRC Staff opposes Applicants' l
Motion in Limine.
Respectfully submitted, Elaine 1. Chan Counsel for NRC Staff
~
v.:
Dated at Bethesda, Maryland l
this 14th day of October 1987 l
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