ML20237K037
| ML20237K037 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/07/1987 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4209 OL, NUDOCS 8708190066 | |
| Download: ML20237K037 (6) | |
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.e 00CKETEP uwr Dated:. August 7, 1987 UNITED STATES OF AMERICA E 11 P2:13 NUCLEAR REGULATORY COMMISSION before the WB ATOMIC SAFETY AND LICENSING BOARD lr
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L In the Matter of-
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PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL 50-444-OL OF NEW' HAMPSHIRE, ET AL.
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(Seabrook' Station, Units 1
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(Offsite Emergency and 2)
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Planning Issues)
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I APPLICANTS' RESPONSE TO SEACOAST ANTI--
POLLUTION LEAGUE'S, TOWN OF HAMPTON'S, TOWN OF AMESBURY'S AND NEW ENGLAND COALITION ON NUCLEAR POLLUTIOM'S MOTION TO CONTINUE LICENSING HEARINGS ON THE NEW HAMPSHIRE RADIOLOGICAL EMEaGENCY RESPONSE PLANS Under date of August 4,.1987, Seacoast Anti-Pollution League,= Town of Hampton, Town of Amesbury, and New England Coalition on Nuclear Pollution filed a motion seeking to have the hearings currently scheduled to be held this Fall'on the New Hampshire Radiological Emergency Response Plan (NHRERP) postponed
'"until such time as integrated' hearings can be held on both the plans for the Massachusetts portion of the Seabrook Station Emergency Planning Zone as well as the.New Hampshire portion of
.the EPZ."
The basis of the motion is the fact that the Applicants have announced-that they intend to file a utility plan for the Massachusetts portion of the Seabrook EPZ in September.
- Thus, say the interveners, it would make more sense to have the 8708190066 870007 PDR ADOCK 05000443 o
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iI hearings on the two plans at the same time in what is denominated an " integrated hearing".
For the reasons set forth below, the motion should be denied.
The issues scheduled to be tried this Fall will have to be tried in any event and none of them as phrased, and admitted, involve matters of integration of a Massachusetts and a New Hampshire plan in any meaningful sense, if at all.
Thus the argument that time would be saved in the long run is without merit.
As to the burdens upon counsel:
majo: litigation always puts burdens on counsel.
We note that the present schedule for the Fall hearings contemplates that the hearings basically will go forward every other week for the most part, leaving plenty of time for counsel to devote to necessary matters arising out of the contemplated filing of the Massachusetts Utility Plan.
In any event, if any particular deadline, such as a discovery deadline, binds too hard in a given case, the Board can fashion appropriate relief to accommodate the needs of the parties.
Completion of, and a decision with respect to, the New Hampshire plans is of very real value to the parties.
If the Interveners are correct in their view of the NHRERP then it may
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l be that the need to litigate Massachusetts will disappear l
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If the Applicants and the State of New Hampshire are l
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correct in the belief that the NHRERP is, or can be made, fully l
adequate, then such a decision opens the possibility of licensing the plant to a significant, or full, power level under 2
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Y 10 CFR 5.50.47(c) or 10 CFR S 50.57(c).
In short there exist very good practical reasons to go forward with the litigation of NHRERP as currently contemplated.
CONCLUSION The Motion should be denied.
Respectfully submitted,
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r Thoma's G g gnan, 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
'87 AUG 11 P2 :13 I, Thomas G. Dignan, Jr.,
one of the attorneys for the Applicants herein, hereby certify that on August 7, 1987, I made service of the within document by mailing copies El
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thereof, postage prepaid, to:
_p Administrative Judge Helen Hoyt, Stephen E. Merrill, Esquire Chairperson Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S.
Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street J
Washington, DC 20555 Concord, NH 03301-6397 Judge Gustave A.
Linenberger, Jr.
Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen Andrea C.
Ferster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W.
Washington, DC 20009 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 Au gu sta, ME 04333
I' Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General l
Shaines & McEachern Department of the Attorney General l
25 Maplewood Avenue One Ashburton. Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manager RED 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 j
Senator Gordon J. Humphrey Mr. Angie Machiros j
U.S.
Senate Chairman of the 1
Washington, DC 20510 Board of Selectmen I
(Attn:
Tom Burack)
Town of Newbury
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Newbury, MA 01950 i
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 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friond Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 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 Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 - - - - - _ _ - _ - - _ _ - _ _ _ _ -
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ll-Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913 J,
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Thomas'G. 6i gW'J r.
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