ML20236D813
| ML20236D813 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/16/1989 |
| From: | Traficonte J MASSACHUSETTS, COMMONWEALTH OF |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#189-8306 OL, NUDOCS 8903230280 | |
| Download: ML20236D813 (7) | |
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w UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 tW120 P3 :48 ATOMIC SAFETY AND LICENSING APPEAL BOARD Before the Administrative Judges:
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Alan S.
Rosenthal, Chairman Thomas S.
Moore Howard A.
Wilber
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In the Matter of
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Docket Nos. 50-443-OL
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50-444-OL PUBLIC SERVICE COMPANY
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(Off-Site EP)
)
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(Seabrook Station, Units 1 and 2)
)
March 16, 1989
)
MASSACHUSETTS ATTORNEY GENERAL'S MOTION FOR LEAVE TO FILE AN APPEAL BRIEF IN EXCESS OF 70 PAGES Pursuant to 10 C.F.R. S2.762(e), the Massachusetts Attorney General (" Mass AG") moves for leave to file an appeal brief in excess of the seventy-page limit in support of his appeal of the Licensing Board's December 30, 1988 partial initial decision on the adequacy of the NHRERP.
LBP-88-32, 28 NRC __.
Specifically, the Mass AG seeks leave to file a brief not in excess of 110 pages.
In support of this motion and in response to the concerns set forth by this Board in its January 24, 1989 Order denying his earlier request for an unspecified extension of the page limitation, the Mass AG states as follows:
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The Mass AG has consulted in some detail with those remaining two Interveners whose briefs have not yet been filed on appeal of LBP-88-32, SAPL and NECNP.
As a result of these discussions, the Interveners are confident that the briefing that is being prepared will not overlap issue areas.
The Interveners have divided their labors and each remaining brief, for the most part, will take up different aspects of the lower Board's decision and the record of the proceeding below, i
l Specifically, the appeal brief being prepared by the Mass AG will focus on three distinct issue areas not covered in detail by the other Interveners: 1) the legal standard utilized by the l
lower Board in judging the adequacy of the protective measures set forth in the NHRERP and the impact of that standard on both the lower Board's framing of the issues for decision and its evidentiary rulings; 2) issues involved in the Board's discussion of human behavior; and 3) issues touching upon the evacuation time estimates and the traffic management plan.
These are the issues that the Mass AG litigated in depth and reflect the fundamental concerns of the Commonwealth as an
" interested state" in this proceeding.
2.
The Mass AG is unable to fully present his arguments on these three issues within the allotted 70 pages because of the complexity of the appellate issues involved in the first issue i
l
-g area set forth above.
The issue of the legal standard to be employed in this case as understood by the Mass AG has the following component parts each of which has required extensive briefing:
- 1) the legislative and administrative history of the emergency planning regulations at issue; 2) the history of the Seabrook proceeding itself as it regards adequate emergency planning for the summer beach populations; 3) the substantive rulings made by the Board below on the contentions involving the adequacy of the available protective measures at Seabrook; and 4) critical evidentiary rulings below that both reflect the Board's interpretation of the applicable legal standard and put squarely at issue whether the Mass AG was prevented from presenting evidence material to the issues as the Board ultimately framed and ruled on them.
3.
Although not complete, significant portions of this section of the Mass AG's appeal brief are in draft.
It is clear that without the requested relief, the Mass AG will either have to abandon his appeal of other issues or present from his perspective insufficient briefing on the central issue in this proceeding.
Although this Board has noted that "the number of pages contained in the appellate briefs does not bear any necessary relationship to the substance of the issues raised", 23 NRC 9, 11 (1986) (emphasis supplied), the Mass AG - _ _ _ _ _ _ - - _ _ _. _ _ _ _ _ _ _ _
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does require this extension of the page limitation to brief adequately this critical issue as it is presented in different ways by the decision below.1/
Respectfully submitted, JAMES M.
SHANNON ATTORNEY GENERAL r
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\\ EP.[ \\ Cn-pnTrafic6nte C ief, Nuclear Safety Unit D partment of the Attorney General ne Ashburton Place Boston, MA 02108-1698 (617) 727-2200 l
DATED:
March 16, 1989 1/
Tnis request is not made so that the Mass AG may present "every assertion of error" or simply renew all " claims J
presented to, but rejected by, the trial tribunal".
Id.
Instead, the central issue requires extended briefing here.
Moreover, no other Intervenor will seek an extension of the l
page limitation.
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UNITED STATES OF AMERICA l M "4 I,k L
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD.89 tis 20 P3 :48
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U 50-443 6d,,^.
In the Matter of
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Docket Nos.
)
50-444-OL PUBLIC SERVICE COMPANY
)
OF NEW HAMPSHIRE, ET AL.
)
)
(Seabrook Station, Units 1 and 2)
)
March 16, 1989
)
CERTIFICATE OF SERVICE I,
John Traficonte, hereby certify that on March 16, 1989, I made service of the within MASSACHUSETTS ATTORNEY GENERAL'S l
MOTION FOR LEAVE TO FILE AN APPEAL BRIEF IN EXCESS OF 70 PAGES by First Class Mail or by Telefax as indicated by [**)
to:
1 Ivan W.
Smith, Chairman Kenneth A.
McCollom I
Atomic Safety & Licensing Board 1107 W.
Knapp St.
U.S.
Nuclear Regulatory Commission Stillwater, OK 74075 East Wert Towers Building 4350 East West Highway Bethesda, MD 20814 Dr. Richard F. Cole Robert R.
Pierce, Esq.
l Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission East West Towers Building East West Towers Building l
4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Docketing and Service Thomas G.
Dignan, Jr.
U.S.
Nuclear Regulatory Commission Ropes & Gray Washington, DC 20555 One International Place Boston, MA 02110 Sherwin E.
Turk, Esq.
James H.
Carpenter, Alternate U.S.
Nuclear Regulatory Commission Technical Member Office of the General Counsel Atomic Safety & Licensing 11555 Rockville Pike, 15th Floor Board Panel Rockville, MD 20852 U.S.
Nuclear Regulatory Commission Washington, DC 20555
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H. Joseph Flynn, Esq.
Atomic Safety &' Licensing L
Assistant General Counsel Appeal Board
. Office of General Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Washington, DC 20555 Agency 1
500 C Street, S.W.
Washington, DC 20472
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Robert A. Backus, Esq.
Atomic Safety & Licensing Board Backus, Meyer & Solomon U.S. Nuclear Regulatory Commission 116 Lowell Street Washington, DC 20555 P.O.
Box 516 Manchester, NH 03105 Jane Doughty Dianne Curran, Esq.
Seacoast Anti-Pollution League Harmon, Curran & Towsley Five Market Street Suite 430 Portsmouth, NH 03801 2001 S Street, N.W.
Washington, DC 20008 Barbara St. Andre, Esq.
Judith Mizner, Esq.
Kopelman & Paige, P.C.
79 State Street 77 Franklin Street Second Floor Boston, MA 02110 Newburyport, MA 01950 Charles P. Graham, Esq.
R.
Scott Hill-Whilton, Esq.
Murphy & Graham Lagoulis, Hill-Whilton & Rotondi 33 Low Street 79 State Street Newburyport, MA 01950 Newburyport, MA 01950 Ashod N.
Amirian, Esq.
Senator Gordon J.
Humphrey 145 South Main Street U.S.
Senate P.O. Box 38 Washington, DC 20510 Bradford, MA 01835 (Attn:
Tom Burack)
Senator Gordon J.
Humphrey George Dana Bisbee, Esq.
One Eagle Square, Suite 507 Assistant Attorney General Concord, NH 03301 office of the Attorney General (Attn:
Herb Boynton) 25 Capitol Street Concord, NH 03301 j
Phillip Ahrens, Esq.
Sandra Gavutis, Chairperson Assistant Attorney General Board of Selectmen Department of the Attorney General RFD 1, Box 1154 Augusta, ME 04333 Rte. 107 Kensington, NH 03827 l
Calvin A.
Canney Gary W. Holmes, Esq.
City Manager Holmes & Ellis City Hall 47 Winnacunnet Road 126 baniel Street Hampton, NH 03842 Portsmorth, NH 03801
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Richard A.
Hampe, Esq.
Robert Carrigg, Chairman Hampe & McNicholas Board of Selectmen 35 Pleasant Street Town Office Concord, NH 03301 Atlantic Avenue North Hampton, NH 03862 J.
P.
Nadeau William S.
Lord Selectmen's Office Board of Selectmen 10 Central Road Town Hall - Friend Street Rye, NH 03870 Amesbury, MA 01913 0* Alan S.
Rosenthal, Chairman
- Thomas S.
Moore i
Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board Appeal Board U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, DC 10555 Washington, DC 10555 0*Howard A. Wilber Atomic Safety & Licensing Appeal Board U.S.
Nuclear Regulatory Commission Washington, DC 10555 Respectfully submitted, JAMES M.
SHANNON ATTORNEY GENERAL rJa n'.
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Vohn Traficonte Chief, Nuclear Safety Unit One Ashburton Place Boston, MA 02108 (617) 727-2200 Dated:
March 16, 1989 l
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