ML20236Q945
| ML20236Q945 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/28/1987 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20236L783 | List: |
| References | |
| ALAB-875, OL-1, NUDOCS 8711200374 | |
| Download: ML20236Q945 (7) | |
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3 UNITED STATES OF AMEREA p
l before the g
, pgS'i c5 NUCLEAR REGULATORY COMMISSION 4
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL-1 50-444-OL-1 OF NEW RAMP 79 IRE, EI AL.
)
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(Seabrook Station, Units 1
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(Onsite Emergency Planning
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and Safety Issues) and 2)
)
)
APPLICANTS' RESPONSE TO ATTORNEY GENERAL JAMES M. SHANNON'S PETITION FOR REVIEW OF ATOMIC SAFETY AND LICENSING APPEAL BOARD DECISION OF OCTOBER 1, 1987. ALAB-875 Under date of October 16, 1987, the Attorney General of the commonwealth of Massachusetts has filed a petition for i
in the review of a recent Appeal Board Decision, ALAB-875, above-captioned proceeding.
Three claims of error are made:
i It is claimed that the Appeal Board erred in not' 1.
holding 10 CFR S 50.47(d) invalid.1 Petition at 3-4.
is claimed that the Appeal Board erred in not 2.
It I
holding that a special Environmental Impact Statement (EIS) should be written to address low power operation at Seabrook Station.
Petition at 4.
It is not claimed that the Appeal Board erred on its l
1 holding that it was without authority to invalidate a regulation.
Rather the merits of the invalidity argument are l
now being made to the Commission.
l I
9711200374OO 43 PDa ADOCK PDR 1
G 1
It is claimed that the Appeal Board. erred in 3.
affirming the ruling of the Licensing Board that the.Seabrook did not address Station Final Environmental Statement (SSFES)
Petition at 5.
adequately so-called " Class 9" accidents.
l For the reasons set forth below, the Applicants say that
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the petition should be denied.
ARGUMENT 4
1.
Validity of 10 CFR 6 50.47(di This Commission This matter is one of " law or policy."
l has, on three separate occasions, upheld the validity of 10 l
Lono Island Lichtino Co.- (Shoreham Nuclear CFR S 50.47(d).
Power Station), CLI-85-1, 21 NRC 275, 278 (1985) ; id., CLI-84-9, 19 NRC 1323, 1327 (19 84 ) ; id., CLI-83-17, 17 NRC 1032, i
The concept of allowing low power operationLfor j
1034 (1983).
testing purposes before completion of a full operating license hearing has been in the regulations of this agency and and its predecessor for some 20 years, 10 CFR 5 50.57(c),
No novel issue of has never been questioned by the Congress.
law or policy is presented.2 2.
The Sucolemental EIS The matter of the Supplemental EIS for low power operation has been ruled upon, unfavorably to.the position of the Attorney General, on -t'least two occasion by this 2
In addition, insofar as,Nis petition seeks to raise the propriety of the Licensing Boa. "s rejection of the 10 CFR 5 2.758 petition it should be re,cated as unappeasable S 2.758.
even to the Appeal Board under the fooc 'te to 10 CFR
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4 I
'I
Lona Island Liahtina Co.
Commission and onco by the Courto.
21 NRC 1587 (Shoreham Nuclear Power Station), CLI-85-12, 19 NRC 1323, 1327 (1984); Cuomo v.
(1985); id., CLI-84-9, EEg, 772 F.2d 972, 974-76 (D.C. Cir. 1985).
Again no novel issue of law or policy is presented.
The FES Discussion of Class 9 Accidents 3.
The question of whether the discussion of Class 9 accidents in the FES is or is not in accord with the f
Commission Policy Statement is a question to be resolved by In the reading the discussion against the Policy Statement.
sense that the two documents speak for themselves, the However, to the question to be resolved is one of law.
extent that one claims the resolution is erroneous because f
the tribunal making the comparison did not do its job I
'This is what f
correctly, one is raising an issue of fact.
the Petition does.
Yet it contains no showing (because it cannot on this record) that the Appeal Board "has resolved a factual issue necessary for decision in a clearly erroneous manner contrary to the resolution of that same issue by the
[ Licensing Board]."
10 CFR S 2.786(b) (4) (ii).
If, on the the Attorney General is claiming that the Policy other hand, statement required the types of discussions he lists on page See Interim Policy 3 of his Petition, he is simply wrong.
statement, 45 Fed. Reg. 40101 (1980), passim; ALAD-865, slip op. at 32-35.
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CONCLUSION The Petition should be denied.
d Respectfully submitted,
/'
SXg ~f~~~~
Thomas 'G. Tignan, Jr.
George H. Lewald Kathryn A. Selleck Ropes-& Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for Aeolicants-i
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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the 1987, I Applicants herein, hereby certify that on October 28, made service of the within document by mailing copies thereof, postage prepaid, to:
Lando W. Zech, Jr., Chairman Thomas M. Roberts 1
Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Frederick M. Bernthal i
Kenneth M. Carr Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Howard A. Wilber Alan S. Rosenthal, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 i
Atomic Safety and Licensing Mr. Ed Thomas FEMA, Region I Appeal Panel 442 John W. McCormack Post U.S. Nuclear Regulatory Office and Court House Commission Washington, DC 20555 Post Office Square Boston, MA 02109 Administrative Judge Sheldon J.
Robert Carrigg, Chairman Wolfe, Esquire, Chairman Board of Selectmen Atomic Safety and Licensing Town Office Atlantic Avenue Board Panel U.S. Nuclear Regulatory North Hampton, NH 03862 Commission Washington, DC 20555 Diane Curran, Esquire Judge Emmoth A.
Luebke Atomic Safety and Licensing Andrea C.
Ferster, Esquire Harmon & Weiss Board Panel 550 Friendship Boulevard Suite 430 2001 S Street, N.W.
Apartment 1923N Chevy Chase, MD 20815 Washington, DC 20009 l
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DOCKETED
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! 2 NOV;41987* I
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4 poemmaa 6
SERVICE BRANCH sEcr.wac g
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Stephen E. Merrill, Esquire Dr. Jerry Harbour Atomic Safety and Licensing Attorney General George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission Washington, DC 20555 25 Capitol Street Concord, NH 03301-6397 Sherwin E. Turk, E. quire Atomic Safety and Licensing Office of the Executive Legal Board Panel Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Backus, Meyer & Solomon Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555 Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office 10 Central Road Department of the Attorney General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Fir.
P.O. Box 360 Portsmouth, NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manger RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801
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Senator Gordon J. Humphrey Mr. Angie Machiros Chairman of the i
U.S. Senate Board of Selectmen Washington, DC 20510 (Attn:
Tom Burack)
Town of Newbury J
Newbury, MA 01950 Senator Gordon J.
Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950
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Mr. William S.
Lord Mr. Thomas F.
Powers, III Board of Selectmen Town Manager Town Hall - Friend Street Town of Exeter Amesbury, MA 01913 10 Front Street Exeter, NH 03833 Brentwood Board of Selectmen H. Joseph Flynn, Esquire RFD Dalton Road Gffice of General Counsel Brentwood, NH 03833 Federal Emergency Management Agency j
500 C Street, S.W.
Washington, DC 20472 l
Richard A. Hampe, Esquire-f Gary W. Holmes, Esquire Hampe and McNicholas Holmes & Ells 35 Pleasant Street 47 Winnacunnet Road Concord, NH 03301 Hampton, NH 03841 Charles P. Graham, Esquire Judith H. Mizner, Esquire McKay, Murphy and Graham Silverglate, Gertner, Baker 100 Main street Fine, Good & Mizner Amesbury, MA 01913 88 Broad Street Boston, MA 02110
./ ~ f Y-Thomas G.
6ignan, Jr.
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