ML20236L731
| ML20236L731 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/30/1987 |
| From: | Flynn H Federal Emergency Management Agency |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4778 OL, NUDOCS 8711110045 | |
| Download: ML20236L731 (7) | |
Text
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e October 30,198 DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-hg BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFKE y gp 00cMEimG 4 SEityn' BRANCH t
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In the Matter of
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Public Service Co. of New Hampshire,
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Docket No. 50-443-OL et al.
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50-444-OL-
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Offsite Emergency (Seabrook Station, Units 1 & 2)
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Planning Issues
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RESPONSE OF FEDERAL EMERGENCY MANAGEMENT' AGENCY T0 APPLICANTS' OBJECTION IN THE NATURE OF A MOTION IN LIMINE TO THE ADMISSION INTO EVIDENCE OF CERTAIN PORTIONS OF FEMA'S PREFILED TESTIMOW l
The Federal Emergency Management Agency (FEMA) opposes the Applicants' l
Objection to the Introduction into Evidence of Certain Portions of FEMA's Prefiled Testimony.
The substance of the Applicants' argument'against the introduction of i
FEMA's testimony on the safety of the transient beach population (the j
" sheltering" issues) is that FEMA's position asserts nothing more than legal argumentation and that its conclusions'are legally incorrect. FEMA, of course, asserts that its conclusions are legally correct, but it also asserts that that is immaterial. The issue currently before this Atomic Safety and Licensing Board is simply whether it is appropriate to admit the proposed testimony into evidence and allow cross-examination on it.
The regulations of the Nuclear Regulatory Commission (NRC)' provide, at 10 C.F.R. S 50.47(a)(2), that "[t]he NRC will base its finding [of reasonable
. assurance) on a review of the Federal Emergency Management Agency (FEMA) f.
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4 findings and determinations as to whether State and local emergency plans are adequate and whether there is reasonable assurance that they can be implemented...." The same NRC regulation also provides that- "In any NRC licensing proceeding, a FEMA finding will constitute a rebuttable presumption on questions of adequacy and implementation capability." While FEMA does not.
claim for itself the prerogative of interpreting NRC's regulations, it would seem beyond controversy that FEMA's opinions on off-site emergency planning issues in admitted contentions are relevant.
FEMA's testimony is essentially
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that of an expert witness who is given a special status. What FEMA is i
offering is opinion evidence.
By its nature, it is a mix of fact and j
1 inference. FEMA's reasoning process is an essential part of the opinion l
i evidence and direct testimony and cross-examination on that subject ought to 1
be allowed.
. 1 For the foregoing reasons, FEMA submits that the Applicants' Objection in
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- 1 the Nature of a Motion In Limine to the Admission of Certain Portions of FEMA's Prefiled Testimony should be denied.
I' Respectfully submitted, t
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Attorney f the Feder Emergency i
Management Agency 1
Dated: October 30, 1987 at Washington, D.C.
FEMA's Response to Motion In Limine, page 2.
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DOCKETED USNRC s7 av -6 P4 $8
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UNITED STATES OF AMERICA ICE OF SECREIAnY NUCLEAR REGULATORY COMMISSION OCKETING & SERVICf.
BRANCH BEFORE THE ATOMIC SAFETY AND LICENSING BOARD.
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In.the Matter of
)
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Public Service Co. of New Hampshire,
)
Docket No. 50-443-OL et al.
)
50-444-OL-
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-Offsite Emergency j
(Seabrook Station, Units 1 & 2)
)
Planning Issues j
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Response of Federal:
Emergency Management Agency to Applicants' Objection in the Nature of a Motion In Limine to the Introduction into Evidence of Certain Portions of FEMA's Prefiled Testimony have been served on the following through the United States Postal Service on this 30th day of October, 1987 i
Ivan W. Smith, Esq., Chairman Atomic Safety and Licensing Board Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, Maryland 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board Nuclear. Regulatory Commission Bethesda, Maryland 20555 Gustave A. Linenberger, Jr.
Administrative Judge Atomic Safety and Licensing Board Nuclear Regulatory Commission Bethesda, Maryland 20555 FEMA's Response to Motion I_n Limine, page 3.
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Docket and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Panel j
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board j
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Sherwin E. Turk, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814 Thomas G. Dignan, Jr., Esq.
Ropes & Gray 225 Franklin Street Boston, MA 02110 Stephen E. Merrill j
Attorney General l
George Dana Bisbee Office of the Attorney General 25 Capitol Street Concord NH 03301-6397 l
Carol S. Snieder Assistant Attorney General Office of the Attorney General One Ashburton Place, 19th Floor j
Boston, MA 02108 Diane Curran, Esq.
Harmon & Weiss j
2001 S Street, N.W.
Suite 430 Washington, D.C. 20009 Robert A. Backus, Esq.
Backus, Meyer & Solomon 116 Lowell Street
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Manchester, NH 03106 1
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FEMA's Response to Motion In Limine, page 4.
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Docket and Service Section Office of'the Secretary U.S. Nuclear Regulatory Ccmmission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 She rwin E. Turk, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory. Commission Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814 Thomas G. Dignan, Jr., Esq.
l Ropes & Grav 225 Franklin Street Boston, MA 02110 Stephen E. Merrill Attorney General George Dana Bisbee Office of the Attorney General 25 Capitol Street 1
Concord Kri 03301-6397 i
Carol S. Snieder Assistant Attorney General Office of the Attorney General One Ashburton Place, 19th Floor i
i Boston, MA 02108 Diane Curran, Esq.
Harmon & Weiss
,l 2001 S Street, N.W.
Suite 430 i
Washington, D.C. 20009 Robert A. Backus, Esq.
Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 1
I FEMA's Response to Motion In Limine, page 4.
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f-Paul McEachern, Esq.
Mathew.T. Brock, Esq.
Shaines & McEachern Post Office Box 360
- Portsmouth, NH 03801-Edward A. Thomas Federal Emergency Management Agency 442 J.E McCormack (POCH)
' Boston, MA 021093 Jane Doughty
. Seacoast Anti-Pollution Leagua.
5 Market Street Portsmouth, NH.03801 Sandra Gavutis, Chairman Board of Selectmen RFD 1 Box 1154.
Route 107 U
l Kensington, im 03827 1
J.P. Nadeau, Esq.
Selectmen's Representative j
Board of Selectmen
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10 Central Road-
.j Rye, NH03870 d
Dated: October 30, 1987 ML A ?2 - -
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l FEMA's Response;to Motion In Limine, page 5.
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Paul McEachern, Esq.
Mathew T. Brock, Esq.
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Shaines & McEachern Post Office' Box'360 Portsmouth, K.I 03801 Edward A. Thomas Federal Emergency Management Agency 442 J.W.,McCormack (POCH)
Boston, MA 02109-
. Jane Douchty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 Sandra Gavutis, Chairman Board of Selectmen RFD 1 Box 1154 Route 107 Kensington,'NH 01827 J.P. Nadeau, Esq.
Selectmen's Representative.
Board of Selectmen 10 Central Road
' Rye, NH03870
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FEMA's Response'to Motion In Limine, page 5.
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