ML20236C152
| ML20236C152 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/20/1987 |
| From: | Ostrander F MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4624 OL, NUDOCS 8710270034 | |
| Download: ML20236C152 (9) | |
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A-SOCKETED USNnc UNITED STATES OF AMERICA 17 OCT 22 P4 :02-NUCLEAR REGULATORY COMMISSION
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G bby^h' Before Administrative Judges:
SC T Ivan W.
Smirk-Chairperson IRANCli Gustave A.
Linenberger, Jr.
Dr. Jerry Harbour
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In the Matter of
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PUBLIC SERVICE COMPANY OF NEW
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Docket Nos.
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50-443-444-OL i
(Seabrook Station, Units 1 and 2)
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(Off-site EP) l
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ATTORNEY GENERAL JAMES M.
SHANNON'S OBJECTION IN THE NATURE OF A MOTION ~~IN LIMINE TO THE ADMISSION INTO EVIDENCE OF CERTAIN PORTIONS OF APPLICANTS' DIRECT TESTIMONY NO. 6 ON SHELTERING CONTENTIONS Attorney General James M.
Shannon objects to the admission into evidence of certain portions of Applicants' Direct Testimony No. 6 (Sheltering) that refer to future amendments to the NHRERP which are intended to prov'de an option for i
sheltering the summer beach population.
The specific portions of Applicants' Direct Testimony No. 6 to which the Attorney General objects are as follows:
the phrase " including summer, seasonal populations" on p.
2, line 5; page 3, lines 11-26; page 4, lines 1-3; p.
4, lines 8-12, insofar as the " voice messages" referred to therein are messages not contained in the NHRERP; p.
4, lines 14-18, insofar as the referenced "public information materials" are not presently in the NHRERP; the 8710270034 871020 l
{DR ADOCK 05000443 PDR
r phrase " including the summer, seasonal populations" on page 5, lines 24-25; page 6, lines 15-16, commencing with the words "In other circumstances,
...";.page 15, lines 13-23, commencing with the sentence beginning "Where projected..."; page 17,-
lines ~8-26, to the extent the referenced public information signs and EBS messages are,not part of the1NHRERP; page 18, lines 15-18, commencing with the words "The plan...;" page 20, lines 3-6; page 20, lines 18-21, the sentence commencing with the words "Where= projected..."; page 23, line 2-24, commencing with the words "For implementation..."; page 25, lines 2-26; pages 26-28; page 29, lines 1-2 and lines 22-25; page 30, lines 1-4; page 30, lines 12-22, commencing with the words "Thus the available..." and ending with'"...
of a mile."; page 31, lines 1-3, commencing with the words "as a means
"; Attachment 3, i
pages 1-4; and Attachment 4.
All of the above-referenced testimony which the Attorney General seeks to-exclude refers either to:
(1) proposed amendments to the RERP intended to provide a protective response option of sheltering the summer beach population but which the State has indicated it does not presently intend to adopt, or (2) provisions for sheltering the beach population which directly contradict current provisions of NHRERP, Rev.
2, and which, without amendment to the RERP, are meaningless.
Applicants' testimony at page 3, 23, and Attachment 3 refers to proposed amendments to the RERP intended to " clarify" that, despite the express direction in the RERP that
" sheltering may not be considered a feasible protective action _____-
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i on seacoast beaches during the summer," S 2.6.5, sheltering of the beach population is "not proscribed" and to provide emergency messages instructing the beach population to shelter (Attachment 3).
Even Applicants concede, however, that the only party with authority to amend the NHRERP is the State of New Hampshire.
Tr. at 2769, 2767, 3524.
Therefore, none of the Applicants' witnesses on Panel No.
6, except those representing the State of New Hampshire, are qualified to testify with respect to whether the NHRERP will be amended.
Yet despite the Panel No. 6 testimony that the RERP will be amended so as to provide for sheltering the summer beach population, Richard Strome, the Director of the State of New Hampshire Office of Emergency Management, has testified in this proceeding that the State has no present intention to amend the RERP with respect to sheltering.
Tr. at 3562.
Therefore, the Attorney General moves to strike all of Applicants' Direct Testimony No. 6 that states that the RERP will be so amended.
The remainder of the testimony that the Attorney General moves to strike is all dependent on the adoption of the above-referenced amendments which the State has no present intention of adopting.
This testimony falls into two categories:
(1) testimony that is directly contradicted by current (unamended) provisions of the NHRERP, or (2) testimony referring to provisions for sheltering the summer beach population that are irrelevant unless the RERP is in fact amended. -
i Revisio'n 2 of the NHRERP plainly provides that i
" sheltering-may not be considered a feasible protective action on the seacoast beaches'during the summer."
Vol. 1, page 2.6-7
-(emphasis added).- There are no plans at all in the RERP for sheltering the beach popultation and no, messages instructing the. beach population;to' shelter.
- See, e.g.,
Vol. 4, Appendix 1
G.
-In fact, the protective action decision-making chart on page 2.6-25.of Volume 1 of the RERP (Figure 2.6-6) shows that in all cases the beach population in seabrook and Hampto n will be instructed to leave the beach area before any calculations are made to determine recommended protective actions for the EPZ'.
Therefore, the Attorney General moves to strike all portions of the testimony (at pp.
3, 5,
6, 15, 20, 22, and 23) that states, in direct contradiction to Revision 2,.that sheltering may be recommended to the summer beach population Similarly, the Attorney General moves to strike all references in Applicants' testimony (at pp. 3-4, 25-32 and ) to the Stone & Webster study of potential shelters in the beach area.
The shelter study is not part of the NHRERP and Director Strome has testified that the State does not intend to amend the RERP to include the shelter study.
Tr. at 2986, 3044.
Moreover, unless the RERP is actually amended to include a plan to shelter the beach population, testimony concerning the " availability of potential public shelters (in the beach areal", Applicants' Testimony No.
(
6 at.p. 3, is simply not relevant to this RERP under which the i
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protective ~ response'of sheltering may never be' recommended to the: beach l population.
Where the NHRERP currently contains no messages.instructingLpeople on-the beaches to shelter and there is no present intention on the partfof the State to amend the RERP:to include such messages (provided at Attachment 3 to i
Applicants' Testimony No. 6), where there are no provisions in the RERP for-labelling the shelters identified in the Stone &
Webster-study or.for otherwise instructing the beach population which buildings may be used for shelter, and where there are no Letters of Agreement in.the RERP with any-of the owners of those buildings that'would allow their use as shelters, then any testimony. referring'to the " capacity" of buildings in the beach area to' shelter people is simply irrelevant to the actual RERp being litigated in this proceeding, and must be stricken.
I Wherefore, Attorney General Shannon moves that all of the
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above objected to portions of Applicants' Direct Testimony No.
6 be excluded.
Respectfully submitted, JAMES M.
SHANNON ATTORNEY GENERAL By:
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, Massachusetts 02108 617-727-2265 Dated:
October 20, 1987 0368n/VS >
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DNy UNITED STATES OF AMERICA fNRC NUCLEAR REGULATORY COMMISSION l
'87 OCT 22 P4 :02 l
r 0FFICE 8F SECRfiARY OSCKETING & SERvlCE 8 RANCH
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In the Matter of
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PUBLIC SERVICE COMPANY OF NEW
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Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL.-
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(Seabrook Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I,
Frank W. Ostrander, hereby certify that on October 20, 1987, I made service of.the within documents, by mailing copies thereof, postage prepaid, by first class mail,'to the following parties.
In l addition to this, copies of this same document were hand delivered to all' board members and pertinent parties present in Concord, New
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Hampshire'at the NRC Hearings on October 20, 1987.
Ivan Smith, Chairman 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 Bethesda, MD 20814 Bethesda, MD 20814 Dr. Jerry Harbour Sherwin E. Turk, Esq.
Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director i
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 H.
Joseph Flynn, Esq.
Stephen E.
Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W.
25 Capitol Street Washington, DC 20472 Concord, NH 03301
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Docketing and Service.
Paul A.
Fritzsche, Esq.
U.S. Nuclear Regulatory Office of the Public' Advocate Commission State House Station 112 Washington, IX:.
20555 Augusta, ME 04333 Roberta C.
Pevear Diana.P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 l
Drinkwater Road-1 Hampton Falls, NH 03844 j
Atomic Safety &~ Licensing Robert A.
Backus, Esq.
Appeal Board Panel-Backus, Meyer & Solomon O.S. Nuclear. Regulatory ll6.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 l
' Commission Portsmouth, NH 03801 i
Washington, DC 20555 Paul McEachern, Esq.
J. P. Nadeau c
Matthew T.
Brock, Esq.
Board of Selectmen I
Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Sandra Gavutis, Chairperson 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 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 (Attn: Herb Boynton)
Newburyport, MA 01950 Donald E. Chick William Lord
- Town Manager Board of Selectmen
' Town of Exeter Town Hall 10 Front Street Friend Street l
-Exeter, NH 03833 Amesbury, MA 01913
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Brcntwo5d' 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 I
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 l
.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 l
Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen i
' 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 Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Exeter, NJ 03833 Commission Washington, DC 20555-Dr. Emmeth A.
Luebke Charles P. Graham, Esq.
Atomic Safety & Licensing Board McKay, Murphy & Graham
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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 - _ _ _ _ _ - _ _ _
4 10 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 Washington, DC 20515 Attn:
Linda Correia
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Frahk W. Os'trander Assistant Attorney General Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 k
(617) 727-5575 Dated:
October 20, 1987
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