ML20238E526
| ML20238E526 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/04/1987 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4331 OL, NUDOCS 8709150047 | |
| Download: ML20238E526 (6) | |
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w 9/4/8M.hfl UNITED STATES OF AMERICA 87 SEP -9 P2 :42 NUCLEAR REGULATORY COMMISSION
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' BEFORE THE ATOMIC SAFETY AND LICENSING BOARbW in the Matter of
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL NEW HAMPSHIRE, et g.
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Off-site Emergency Planning.
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(Seabrook Station, Units 1 and 2)
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NRC STAFF'S RESPONSE TO JOINT MOTION FOR CLARIFICATION AND FOR LEAVE TO FILE REBUTTAL TESTIMONY IF NECESSARY On August' 20, 1987, Attorney General James M.
Shannon, the
'. Seacoast Anti-Pollution League, the New England Coalition.on Nuclear Pollution, and the Town of Hampton filed a joint motion seeking clarification of the Board's Order of March 20, 1987, O and for leave to file rebuttal testimony if necessary.
In particular, interveners assert that rebuttal testimony may be necessary with respect to beach shelter contentions, (a) if the Board admits testimony by other parties as to matters which are not now Included in the New Hampshire Radiological Emergency Response Plan (NHRERP) or which are "outside the strict 1/
" Memorandum and Order (Affirming the New Hampshire Radiological Emergency Response Plan (NHRERP) Schedule in its Entirety," dated March 20,1987, at 2 n.2.
Therein, the Board stated:
" Rebuttal testimony has not been provided for and indeed we find no benefit to the proceeding if we did require it in this instance.
The filing of testimony simultaneously serves to promote fairness for all parties. "
B709150047 870904 6
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bases" of the beach shelter contentions, or (b) If the NRC Staff files testimony on beach shelter issues (Motion at 2).
The interveners assert that if they are denied the right to submit rebuttal testimony, they would l'
be placed. "in a fundamentally unfair position"- (Id.).
The _ NRC Staff does not oppose the interveners' request that the Board reconsider and/or clarify its prior decision in which the Board-Indicated that it did not consider rebuttal testimony to be necessary.
Certainly, a reasoned determination as to whether rebuttal testimony is necessary and/or should be permitted cannot be made before the parties' I
and FEMA's affirmative testimony is filed, indeed, the Staff may also l
determine at a later date that it wishes to submit rebuttal testimony, after it has had an opportunity to review the testimony to be submitted by FEMA and oth'er -parties in the proceeding. 2_/
Until such time as direct testimony is admitted into evidence, it would be premature for the Board to indicate definitively whether or not it will accept rebuttal testimony, i
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Pursuant to 10 C.F.R. 5 50.47(a)(0, #illn any NRC licensing a
proceeding, a FEMA finding will consti:ute a rebuttcNe presumption
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on questions of adequacy and implementation capability."
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Public Service Co. of New Ham 3 shire (Seabrook Station, Units 1 and
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2), ALAB-864, NRC LMay 1, 1987), slip op. at 19.
While j
the parties are generally aware of FEMA's position with respect to
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beach shelter issues, many questions remain as to the bases for j
FEMA's views and a clear understanding of its position may only be i
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possible after FEMA has filed its direct testimony and its position has been elucidated upon cross-examination.
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.t-l Accordingly, the Staff does not oppose the interveners' request for clarification of the Board's Order of March 20, 1987, and supports their suggestion' that the Board leave open the possibility for rebuttal testimony.
to be filed.
However, any determination as to whether rebuttal testimony will in ' fact be accepted should await the filing and admission of the parties' and FEMA's affirmative testimony in the proceeding.
l Respectfully submitted,
%U0 Sherwin E. Turk Senior Supervisory Trial Attorney l
Dated at Bethesda, Maryland this 4th day of September,.1987-i i
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i UNITED STATES OF AMERICA 9 SEP -9 P2 Z2 NUCLEAR REGULATORY COMMISSION DEFOP.E THE ATOMIC SAFETY AND LICENSING BOA E
In the Matter of
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL NEW HAMPSHIRE, g al.
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Off-site Emergency Planning
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(Seabrook Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I
hereby certify that copies of "NRC STAFF'S
RESPONSE
TO JOINT MOTION FOR CLARIFICATION AND FOR LEAVE TO FILE REBUTTAL TESTIMONY IF NECESSARY" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class or, as indicated by an asterisk, by deposit in the Muclear Regulatory Commission's internal mail system, this 4th day of September,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 Gerseral 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
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<* Stephen E. Merrill Paul McEachern, Esq.
Attorney General Matthew T. Brock, Esq.
George Dana Bisbee Shaines & McEachern
{
Assistant Attorney General 25 Maplewood Avenue 3
Office of the Attorney General P.O. Box 360 j
25 Capito: Street Portsmouth, NH 03801 J
Concord, NH 03301 Roberta C. Pevear Angle Machiros, Chairman State Representative Board of Selectmen Town of Hampton Falls 25 liigh Road Drinkwater Road Newbury, MA 09150 Hampton Falls, NH 03844 Allen Lampert Mr. Robert J. Harrison Civil Defense Director President and Chief Executive Officer Town of Drentwood Public Service Co. of New Hampshire 20 Franklin Street P.O. Box 330 Exeter, NH 03833 Manchester, NH 03105 i
Charles P. Graham, Esq.
Robert A. Backus, Esq.
- McKay, Murphy and Graham Backus, Meyer 6 Solomon 100 McIn Street 116 Lowell Street Amesbury, MA 01913 Manchester, NH 03106 Diane Curran, Esq.
Philip Ahren, Esq.
Harmen & 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 l
Edward A. Thomas Thomas G. Dignan Jr., Esq.
Federal Emergency Management Agency Ropes & Gray 442 J.W. McCormack (POCH) 225 Franklin Street 90ston, 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
- Doard*
U.S Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555
_________-a
e.
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. Jane Doughty Docketing and Service Section*
l Seacoast Anti-Pollution League Office of the Secretary l-5 Mcrket Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, DC 20555 Maynard L. Young, Chairman William S. Lord Board of Selectmen Board of Selectmen 10 Central Road Town Hall - Friend Street i
South Hampton,- NH 03287
- Amesbury, MA 01913 Vichael 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 Silverglate, Gertner, Baker Town Office-Fine and Good Atlantic Avenue 88 Broad Street North Hampton, NH 03862 Boston, MA 02110 R. K. Gad lil, Esq.
Mrs. Anne E. Goodman, Chairman Ropes S Gray Board of Selectmen 225 Franklin Street 13-15 Newmarket Road Boston, MN 02110 Durham, NH 03824 Cary 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 2U (JR Sherwin E. Turk Senior Supervisory Trial Attorney