ML20237B667
| ML20237B667 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/10/1987 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC |
| References | |
| CON-#487-5073 ALAB-879, OL-1, NUDOCS 8712170047 | |
| Download: ML20237B667 (7) | |
Text
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December 10,U5EI?
37 EC 14 P2 34 UNITED STATES OF AMERICA before the QFFICE cf u;;gy,
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NUCLEAR REGULATORY COMMISSION SMKS
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In the Matter of
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PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL-1 OF NEW HAMPSHIRE, EI AL.
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50-444-OL-1
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(Seabrook Station, Units 1
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(Onsite Emergency and 2)
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Planning and Safety
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Issues)
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APPLICANTS' ANSWER TO SEACOAST ANTI-POLLUTION LEAGUE'S PETITION FOR REVIEW OF ALAB-879 Under date of December 1, 1987, Seacoast Anti-Pollution League (SAPL) has.'iled a Petition for Review of the Decision of l
the Atomic Safety ar.d Licensing Appeal Board rendered in the above captioned proceeding on November 20, 1987 and denominated ALAB-879 Pursuant to 10 CFR 52.786(b)(3), the Applicants herein make answer in opposition to the petition.
In ALAB-879, the Appeal Board, inter alia, affirmed a decision of the Licensing Board which denied a SAPL motion to reopen the record and admit a late filed contention.
ASLB Memorandum and Order (unpublished) (Feb.
6, 1987).
The contention alleged that the early notification (siren) system for Seabrook Station did not comply with applicable regulations. The asserted bases of the contention were (1) the alleged failure of the sirens located in East Kingston, New Hampshire to perform fff2170047B71210 0
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A properly during a test of the sirens in that town held on January 31, 1987 and (2) the then recent issuance of a decision of the Superior Court in New Hampshire directing the removal of the sirens located in the New Hampshire Towns of Hampton Falls and Rye.
The Licensing Board took the position that it need not i
finally resolve the proper balance of the "five factors" under 10 CFR 5 2.714 (a) (1) because, in any event, SAPL had failed to
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satisfy the provisions of 10 CFR 52.734 as required in order for the necessary reopening of the evidentiary record to occur.
The gravamen of the Licensing Board's decision was that the papers before it, including affidavits filed by the Staff and the Applicants, did not demonstrate the existence of a significant safety issue insofar as the contention was based upon the East Kingston sirens because there was no showing that the problems which occurred during the test were insurmountable or incapable of solution.
As to the Superior Court decision, the Licensing Board found that that did not present any significant safety i
J question because the decision remained stayed during a then, and i
now, extant appeal being taken to the New Hampshire Supreme Court.
As a result, no sirens had, in fact been removed.
Thus the provisions of 10 5 2.734 (a) (2) were unsatisfied.
In addition, the Licensing board concluded, on the basis of the status of the New Hampshire litigation and the affidavits as to available i
corrective measures in East Kingston, that there had been no
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showing that a materially different result would flow from j
consideration of the matters which SAPL desired to have heard as 2
l D
O required by 10 CFR 5 2. 734 (a) (3).
The Appeal Board affirmed the above described analysis of the problem.
ALAB-879 at 7 - 14.1 Nothing even approximating an issue worthy of Commission review is presented by the foregoing.
No significant safety issue is presented by siren questions because the operability and audibility of sirens is measurable against, and by, objective criteria.
It is for this reason that issues as to the operability or audibility of sirens are properly left to Staff l
l resolution in operating license proceedings.
Louisiana Power and Licht Co. (Waterford Steam Electric Station, Unit 3), ALAB-732, 17 NRC 1076, 1104-05 (1983).
Thus to the extent this petition is seeking review of a matter of law or policy it should be denied.
10 CFR 5 2.786 (b) (4) (i).
1 This is not a case where the Appeal Board resolved an issue l
of fact in a clearly erroneous manner contrary to the resolution l
of that same issue by the Licensing Board.
Thus, to the extent 1
SAPL is seeking review of an issue of fact, the petition should be denied.
10 CFR 5 2.786 (b) (4) (ii).
Finally, to the extent that SAPL is suggesting that the actions of the Licensing and Appeal Boards improperly shifted the 1The Appeal Board did say that it agreed with SAPL insofar as SAPL wanted the date for the new siren test contemplated chosen at a time closer to the actual test in order to, maximize the possibility that the weather conditions during the first test would be replicated or approximated.
However, the Appeal Board specifically held that, while the Appeal Board suggested that further consideration be given to SAPL's view, the refusal to do so would not give " rise to a significant safety issue."
ALAB-879 at 13.
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Q burden of proof in this matter, this argument, too, is without merit.
SAPL is confusing the placing of the burden upon an Applicant in a hearing with the placing of the burden on a motion to reopen the record.
In such a situation, the burden is indeed heavy and is always upon the moving party which is seeking to reopen.
Louisiana Power and Licht Co. (Waterford Steam E]ectric Station, Unit 3), ALAB-786, 20 NRC 1087, 1090 (1984).
CONCLUSION 1
The Petition should be denied.
Respectfu]ly submitted,
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c: m; Agar Thomas G.
Dignan, 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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O DOLKETED USHRC j
17 DEC 14 P2 54 CERTIFICATE OF SERVICE I,
Thomas G.
Dignan, Jr.,
one of the attorneys f h,e, a g g g g Applicants herein, hereby certify that on December 10 ggg] Stjo/tcf, I made service of the within document by mailing co es BRANCH thereof, postage prepaid, to:
Lando W.
Zech, Jr., Chairman Thomas M.
Roberts Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Kenneth M.
Carr Frederick M.
Bernthal Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Kenneth C.
Rogers Nuclear Regulatory Commission Washington, DC 20555 Alan S.
Rosenthal, Chairman Howard A. Wilber 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 Atomic Safety and Licensing Mr. Ed Thomas Appeal Panel FEMA, Region I U.S.
Nuclear Regulatory 442 John W.
McCormack Post Commission Office and Court House 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 I
Board Panel Atlantic Avenue U.S Nuclear Regulatory North Hampton, NH 03862 Commission l
Washington, DC 20555
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Judge Emmeth A. Luebke Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss 550 Friendship Boulevard Suite 430 Apartment 1923N 2001 S Street, N.W.
Chevy Chase, MD 20815 Washington, DC 20009
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Dr. Jerry Harbour Stephen E.
Merrill, Esquire Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee, Esquire U.S.
Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General Washington, DC 20555 25 Capitol Street Concord, NH 03301-6397 Atomic Safety and Licensing Sherwin E.
Turk, Esquire Board Panel Office of the Executive Legal U.S.
Nuclear Regulatory Director Commission U.S.
Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J.
P.
Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road 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 25 Maplewood Avenue General P.O.
Box 360 One Ashburton Place, 19th Flr.
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 Senator Gordon J.
Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Wachington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury
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Newbury, MA 01950 Senator Gordon J. Humphrey Mr. Peter S.
Matthews One Eagle Square, Suite 507 Mayor J
Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 l,
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Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen l
Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 i
Agency 500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A.
Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Judith H. Mizner, Esquire Charles P.
Graham, Esquire Silverglate, Gertner, Baker McF.ay, Murphy and Graham Fine, Good & Mizner 100 Main street 88 Broad Street Amesbury, MA 01913 Boston, MA 02110 Thomas % gnan, Jr.
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