ML20236N793
| ML20236N793 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/03/1987 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4162 OL, NUDOCS 8708120112 | |
| Download: ML20236N793 (8) | |
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8/3/87 gry 7 g ten:
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 AUG -4 All :37 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j;Sy in the Matter of
)
)
Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL NEW HAMPSHIRE, et al.
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Offsite Emergency Planning (Seabrook Station, Units 1 and 2)
)
NRC STAFF'S RESPONSE TO JOINT MOTION TO ADMIT LATE-FILED CONTENTION i
On July 17, 1987, the Massachusetts Attorney General, SAPL, NECNP, and the Town of Hampton filed a joint motion to admit a late-filed contention, concerning a' decision reached by the City of Manchester, NH, not to participate in the New Hampshire Radiological Emergency Response Plan (NHRERP) as a " host community". O The contention asserts that the NHRERP, Revision 2,
falls to provide reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at Seabrook Station, in two distinct respects.
First, the contention asserts that while the City of Manchester is listed in the NHRERP as the relocation center for evacuees from Brentwood, East Kingston, Exeter, Kensington, Hampton Beach, Newfields, and Stratham (Motion at 5, 6), on June 2,1987, the City of Manchester, by its Board of Mayor and Aldermen, voted not to "act as host community in the event
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" Contention of Attorney General James M. Shannon, Seacoast Anti-Pollution League (SAPL), New England Coalition on Nuclear Pollution (NECNP) and Town of Hampton and Joint Motion to Admit Late-Filed Contention (" Motion"), dated July 17, 1987.
9708120112 870803 lOq PDR ADOCK 05000443 c
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i L, of an accident at the Seabrook plant" and not to accept an offer; from the New Hampshire Civil Defense Agency (NHCDA) of
$146,S00 for communications and other emergency response equipment (ld., at 2, 6).
Secondly, the contention asserts that even if the City were to reconsider its vote, the NHCDA has stated that evacuees from Hampton Beach would in no event be instructed to report to reception facilities in the City of Manchester -- contrary to the provisions of the NHRERP -- and that no alternative relocation center for Hampton Beach evacuees has been provided (Id., at 6, 7).
For the reasons set forth below, t,he NRC Staff does not oppose the admission of this late-filed contention.
DISCUSSION Motions to admit late-filed contentions are to be evaluated in light of the five factors delineated in 10 C.F.R. 6 2.714(a)(1).
As set forth below, an analysis of the instant contention in light of these factors indicates that the movants have satisfied their burden and the contention should be admitted.
1.
Good Cause For Failure to File on Time.
I in their Motion, the movants assert that the City voted to reject the recommendation that it serve as a relocation center on June 2,1987; that the movants "Just recently obtained" the minutes of that meeting, which are dated June 11,1987 "and apparently did not exist prior to that date" (Motion, at 2); and that while the City indicated on June 2 that it would reconsider its vote on July 6, 1987, "[a]t the meeting held on July 6, 1987, the [ City] Board did not reconsider its June 2nd vote" (id.).
In 1
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light of these assertions, the Staff does not dispute the movants' assertion that the contention was timely filed.
2.
Availablilty of Other Means to Protect Movants' Interest.
Apart from litigation of the contention in this proceeding, there does not appear to be any other means available by which the movants may protect their interest.
Accordingly, this factor favors admission of the contention.
3.
Extent to Which Movants' Participation May Reasonably Be Expected to Assist in Developing A Sound Record.
The movants state that they intend to call Dr. Thomas Adler, "an expert witness on evacuation time estimates", to testify as to the effect the City's decision may have upon the accuracy of the evacuation time estimates contained in Volume 6 of the NHRERP (Id., at 4).
In addition, the movants state that they "would examine as potential witnesses City Aldermen, and local officials that could testify as to the ramifications of the City's decision (Id., emphasis added); and that they "would retain other expert witnesses to testify on the inadequacy of the NHRERP provisions for monitoring and decontamination facilities" in light of this development (ld.).
j Commission case law establishes that the movants must identify their i
prospective witnesses and summarize their testimony, and that they bear the burden of affirmatively demonstrating that their witnesses may reasonably be expected to assist in the development of a sound record.
- See, e. cl.,
Washington Public Power Supply System (WPPSS Nuclear Project No. 3),
A LA B-747, 18 NRC
- 1167, 1177-78 (1983);
Long island Lighting Co.
(Shoreham Nuclear Power Station, Unit 1),
1 ALA B-743, 18 NRC 387, 399-400 (1983).
In this regard, the movants 1
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... l have made.a minimal showing that their witness, Dr. Adler, will assist in
. the development :of a sound record with respect to evacuation time i
estimates; however, no such showing. has been made, and no witnesses have..been identified, with respect to other issues raised by the contention..
Accordingly, this factor ' weighs somewhat against admission of the contention. 2/
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'4.
. Extent to Which Movants' Interest Will Be Represented by Existing Parties.
No other. party has. raised this issue for. litigation in this proceeding, and absent its admission at this time, movants' interest in unlikely to be represented by any other party to the proceeding.
~ Accordingly, this factor favors admission of the contention.
5.
Broadening the issues or Delay to the Proceeding.
Admission of the instant contention would broaden, to some extent, oe the numerous issues already admitted for iltigation in this proceeding. At the same time, given the large number of issues remaining to be heard, admission of this contention is - unlikely to delay the conclusion of the proceeding.
This is particularly true in light of the fact that the 1
Applicants have not yet submitted their proposed " utility plan" for 1
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Despite the conclusion recited above, Manchester's rejection of its assigned role as a relocation center for significant portions of the EPZ presents, on its face, an obvious deficiency in the NHRERP --
which need not be established solely through the presentation of expert testimony.
l l
l
....-s Massachusetts-portions of the EPZ. 3_/-
Accordi
>'v. this factor favors
" admission of the contention.
CONCLUSION
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As set forth above, factors 1, 2, 4, and 5 favor the admission of-the ' movants' late-filed. contention, while factor 3 weighs against ~ lts admission.to some extent.
In sum,.a balancing of these factors supports
. the' admission 'of the contention.
Respectfully submitted m /
M i
Sherwin E. Turk Senior Supervisory Trial Attorney
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Dated at Bethesda, Maryland this 3rd. day of August,1987 i
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At a pubile meeting held on July 30, 1987, the Appilcants stated that they are -developing a compensatory " utility plan" for Massachusetts portions of the EPZ, and that they expect to submit the plan for review and litigation in mid-September, 1987; a transcript of the July 30th meeting will be transmitted to the Board and parties in the near future.
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UNITED STATES OF AMERICA
'87 E@
NUCLEAR REGULATORY COMMISSION ct;,.
li BEFORE THE ATOMIC SAFETY AND LICENS!NG BhkikDN
~
in the Matter of
)
)
Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
)
50-444 OL NEW HAMPSHIRE, e_t al.
)
Off-site Emergency Planning t
)
(Seabrook Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE i hereby certify that copies of "NRC STAFF'S RESPONSE TO JOINT MOTION TO ADMIT LATE-FILED CONTENTION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mall system, this 3d day of August,1987.
Helen Hoyt, Esq., Chairman
- Gustave A. Linenberger, Jr.*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Jerry Harbour
- Ms. Carol Sneider, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, DC 20555 Boston, MA 02108 Beverly Hollingworth Richard A. Hampe, Esq.
209 Winnacunnet Road New Hampshire Civil Defense Agency Hampton, NH 03842 107 Pleasant Street Concord, NH 03301 Sandra Gavutis, Chairman Calvin A. Canney, City Manager Board of Selectmen City Hall RFD 1 Box 1154 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 i
l-
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'e 0 l Stephen E. Merrill Paul McEachern, Esq.
[
Attorney General Matthew T. Brock, Esq.
]
George Dana Bisbee Shatnes & McEachern i
. Assistant. Attorney General 25 Maplewood Avenue
]
Office of the Attorney General P.O. Box 360 1
25 Capitol Street' Portsmouth, NH 03801 Concord, NH 03301-Roberta C. Pevear Angle Machiros, Chairman State Representative.
Board of Selectmen Town of Hampton Falls 1
25 High Road Drinkwater Road Newbury, MA' 09150 Hampton Falls, NH 03844 l
Allen Lampert Mr. Robert J. Harrison Civil Defense Director President and Chief Executive Officer Town of Brentwood Public Service.Co. of New Hampshire 20 Franklin Street-P.O. Box 330 l
Exeter, NH 03833 Manchester, NH v3105 J
Charles P. Graham, Esq.
Robert A. Backus, Esq.
l McKay, Murphy and Graham Backus, Meyer & Solomon 100 Main Street 116 Lowell Street Amesbury, MA 01913 Manchester, NH 03106 Diane Curran, Esq.
Philip Ahren, Esq.
Harmon s Weiss Assistant Attorney General 2001 - S ' Street, NW Office of the Attorney General Suite 430 State House Station #6 Washington, DC 20009 Augusta, ME 04333 Edward A. Thomas Thomas G. Dignan Jr., Esq.
Federal Emergency Management Agency Ropes & Gray 442 J.W. McCormack (POCH) 225 Franklin Street l
Boston, MA 02109 Boston, MA 02110 H.J. Flynn, Esq.
William Armstrong Assistant General Counsel Civil Defense Director Federal Emergency Management Agency Town of Exeter 500 C Street, SW 10 Front Street Washington, DC 20472 Exeter, NH 03833 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel
- Board
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555
.-a-l lLy # Jane Doughty-Office of the Secretary Docketing and Service Section*
-Seacoast Anti-Pollution League
- 5. Market Street U.S. Nuclear Regulatory Commission 1
Portsmouth, NH x 03801 Washington, DC - 20555 Maynard L. Young, Chairman William S. Lord Board-of Selectmen Board of Selectmen 1
- 10. Central Road Town Hall - Friend Street South Hampton, NH- 03287 Amesbury,'MA 01913 Michael Santosuosso, Chairman Peter J. Matthews, Mayor Board of Selectmen City Hall South Hampton, NH- 03287 Newburyport, MN 09150 Mr. Robert Carrigg, Chairman Judith H. Mizner, Esq.
Board of Selectmen Silvergiate, Gertner, Baker Town Office Fine and Good Atlantic Avenue 88 Broad Street North, Hampton, NH 03862
. Boston, MA 07110 R. K. Gad 111, Esq.
Mrs. Anne E. Goodman, Chairman Ropes ~ & Gray Board of Selectmen
~ 225 Franklin Street 13-15 Newmarket Road Boston, MN. 02110 Durham, NH 03824 Gary W. Holmes, Esq.
Honorable Gordon J. Humphrey-Holmes & Ellis United States Senate 47 Winnacunnet Road 531 Hart Senate Office Building Hampton, NH 03842 Washington, DC 20510
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Sherwin E. Turk Senior Supervisory Trial Attorney o-
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