ML20237G966
| ML20237G966 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/20/1987 |
| From: | Sneider C HAMPTON, NH, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Harbour J, Hoyt H, Linenberger G Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20237G923 | List: |
| References | |
| ALAB-864, OL, NUDOCS 8709030052 | |
| Download: ML20237G966 (3) | |
Text
' L f i!
UNITED STATES OF AMERICA
'Eg R13 24 R2 :22 NUCLEAR REGULATORY COMMISSION
,p Before Administrative Judges:
bO-Helen F.
Hoyt, Chairperson
-GustaVe A.
Linenberger, Jr.
4 Dr. Jerry Harbour i
)
)
In the Matter of
)
PUBLIC SERVICE COMPANY OF NEW
)
Docket Nos.
)
50-443-444-OL (Seabrook Station, Units 1 and 2)
)
(Off-site EP) l
)
August 20, 19e7
)
l l
JOINT MOTION OF ATTORNEY GENERAL JAMES M.
- SHANNON, I
NEW ENGLAND COALITION, SEACOAST ANTI-POLLUTION l
LEAGUE, AND TOWN OF HAMPTON FOR CLARIFICATION AND l
FOR LEAVE TO FILE REBUTTAL TESTIMONY IF NECESSARY l
l Attorney General James M.
Shannon, New England Coalition on Nuclear Pollution, Seacoast Anti-Pollution League, and Town of Hampton [ hereinafter "the interveners") hereby move tne 1
Licensing Board to clarify certain previous orders of the doara j
with respect to the filing of rebuttal testimony.
Tne Board has not made an. provision in its scneaule for tne filing of l
rebuttal testimony and it appears from tne Board's Memorandum and Order, dated March 20, 1987, at p.
2, fn.
2, tnat the filing of rebuttal testimony will not ce allowed.
But see, Memorandum and Order of Atomic Safety and Licensing Appeal 1
&CK05000452 870020 0
3 PD
4 Board, ALAB-864, dated May 1, 1987, at pp. 13-19.
Attorney General Shannon and the interveners seek clarification on whether, in light of the Decision in ALAB-864, the Board does intend to allow the filing of written rebuttal testimony anc/or whether it will hear ora-1 rebuttal testimony at the nearing.
In the event that the Board does not intend to accept any rebuttal testimony, the Attorney General and interveners move that the Board reconsider and grant them leave to file sucn rebuttal.
Of particular concern is tnat it appears, based on discovery and on responses to various motions, that tne applicants may take certain positions and suomit testimony and evidence, especially with respect to sheltering contentions, that are not based on current provisions of the NHRERP or on the strict bases of contentions admitted thus far.
- See, e.g.,
NRC Staff's Response to Motions for Summary Disposition of Off-Site Emergency Planning Contentions, dated July 2, 1967, at p.
4.
It is the Attorney General'c and interveners' position that any testimony not based on current provisions of tne NdRERP should not be admissiole for hearing.
To tne extent tnat tne Board may disagree with the interveners' position and admit any such testimony h$at may be submitted by the NRC or the applicants, interveners must ce allowed to submit rebuttal testimony.
To deny rebuttcl testimony would place the interveners in the fundamentally unfair position of oeing forced to prepare and file testimony on changes in, or on i
r fundamental reinterpretations of, the NHRERP -- tne contents of which can only be guessed at by the interveners.
Tnis proceeding would then resemole notning more tnan tne proverbidi 1
shell game.
Therefore, the Attorney General and interveners seek leave to file rebuttal testimony, as necessary, and seek guiaance nos from the Board on these issues in order that tney may properly 1
prepare for hearing.
Tne parties further respectfully request, l
in light of the short time until hearing, that tne Board hold a conference call to decice tnis and other prehearing matters.
Respectfully suomitted, JAMES M.
SHANNON ATTORNEY GENERAL i
l L
L Sy; k
Carol S.
Sneider Allan R.
Pierce Assistant Attorney General Nuclear Safety Unit i
One Asnourton Place, Room 1902 Boston, MA 02108 (617) 727-2265 The undersigned further says that she is authorized to l
submit this motion on behalf of the folloaing named interveners.
l Respectfully suomittec, k
NEd ENGLAND COALTION ON NUCLEAR POLLUTION, SEACOAST ANII-POLLUfIDN LEAGUS AND T0dd OF HAMPTON, l
l
~
CCN4$ M b '
sy:
Carol S.
Sneicer Autnor.ized Representative Dated:
August 20, 1987 1
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