ML20247L738
| ML20247L738 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/19/1989 |
| From: | Traficonte J MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20247L708 | List: |
| References | |
| OL, NUDOCS 8909250053 | |
| Download: ML20247L738 (17) | |
Text
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- 4-1.
CCCKETED US?EC-UNITED STATES;OF AMERICA NUCLEAR REGULATORY COMMISSION-
' 89 SEP 20 P2:26 l
l ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges:
Ivan W.
Smith, Chairman Dr.. Richard F. Cole Kenneth A. McCollom
)
In the Matter of
)
Docket Nos. 50-443-OL.
)
'50-444-OL PUBLIC SERVICE COMPANY
.)
(Full-Power Licensing) 1 OF NEW' HAMPSHIRE, EI AL.
)
)
(Seabrook Station, Units 1 and 2)
')
September 19, 1989
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MASS'AG'S REPLY TO APPLICANTS' AND STAFF'S l
RESPONSES TO INTERVENERS
- AUGUST 28 MOTION
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I The Massachusetts Attorney General (" Mass AG") responds to i
certain representations made by the Applicants in their September 11, 1989 Response to the Interveners' August 28 Motion as follows:
1.
Attached as Exhibit 1 is the Affidavit of Peter Agnes,
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presently Chief of Operations to the Governor of Massachusetts.
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1 As that Affidavit makes clear, Mr. Agnes was contacted by the j
Public Affairs Office of the NRC and invited to a meeting regarding the June, 1989 low-power testing events and the NRC l
Staff's Report about those events.
Mr. Agnes was told that a 4
8909250053 890919 PDR ADOCK 05000443-I O
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condition of his attendance at such a meeting was that he'not disclose any information he'might acquire there.
He communicated to the attorneys in the Mass AG's office concerning this 16vitation and the fact that he would not be able to disclose to the Mass AG's attorneys information he learned at the meeting.
Subsequently, he called the NRC several' times.with regard'to this meeting but heard nothing further.
He was never given a firm meeting time.
2.
Attached as Exhibit 2 is the Affidavit of Attorney John Traficonte.
As that affidavit makes clear, Attorney Traficonte contacted New Hampshire Assistant Attorney Geoffrey:
Huntington on either July 24 or July 25, 1989 and requested access to any and all information Attorney Huntington might obtain during his own investigation of the June low-power testing events.
Huntington told Traficonte that he could not make any information available to the Mass AG until the public release of his report.
3.
Finally, attached as Exhibit 3 is the Staff's August 8, 1989 request for an extension of time to respond to Interveners' July 21 Motion.
At page 2 of that request, tre Staff indicates that at least as of August 8 the NRC Staff lawyers did not yet have access to the AIT Report.
Even though the Applicants assert that the Mass AG could have had access to the AIT Report - - _ _ _ - _ - _ - _
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on August 5 and 6 and the NRC Staff attorneys themselves did not have access to that Report at least until after August 8, j
the Staff attorneys stand silent at the bar in the face of Applicants' timeliness arguments.
f COMMONWEALTH OF MASSACHUSETTS JAMES M.
SHANNON ATTORNEY GENERAL
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s o' n Traf'ico'nte
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C ief, Nuclear Safety Unit D partment of the Attorney General ne Ashburton Place t
Boston, MA 02108-1698 (617) 727-2200 DATED:
September 19, 1989
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EXHIBIT 1 l
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AFFIDAVIT OF PETER A.
AGNES 1)-
My name is Peter A. Agnes.
I am Chief of Operations to the Governor of the Commonwealth of Massachusetts.
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'2 )'
In July, 1989,-I was contacted by Marie Miller and John McGrath of th"e Nuclear Regulatory Commission Public Affairs l
Office, Region 1.
I was advised that, at the' request of the State of New Hampshire, the NRC intended to schedule a meeting to review a draft report prepared by the NRC Staff concerning the termination of low-power testing and reactor shutdown at Seabrook' Station.
I was invited to attend this meeting but only on condition that I not disclose any information I might acquire.
3)
I advised Ms. Miller of my interest in attending the meeting, although I indicated that'I would have to consider the proposal further.
I was not provided with a firm meeting date.
4)
Subsequently, I consulted with attorneys in the Massachusetts Attorney General's Office involved in the Seabrook litigation to determine if it was appropriate to attend the meeting in view of the pending Seabrook litigation.
I also advised them that, under the NRC's conditions as I understood them, I could not discuss the substance of the meeting with the Attorney General's Office.
5)
Following this conversation, I attempted to pd'f contact Marie Miller on more than one occasion.
I was not successful in making contact, and my calls were not returned /0$2 8
Signed under the pains and penalties of perjury this
__ _ day of September, 1989.
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J W A. Agnes
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EXHIBIT 2
7 UNITED STATES OF AMERICA v
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges:
Ivan W.. Smith, Chairman Dr., Richard F. Cole Kenneth A. McCollom.
)
In the Matter of
)
Docket Nos. 50-443-OL
)
50-444-OL PUBLIC SERVICE COMPANY
)
(Full-Power Licensing)
OF NEW HAMPSHIRE, EI AL.
)
)
(Seabrook Station, Units.1 and 2)
.)
September-19, 1989
)
AFFIDAVIT OF JOHN TRAFICONTE My name is John Traficonte.
I am an Assistant Attorney General of the Commonwealth of Massac usetts and Chief of the h
l Nuclear Safety Unit.
I do make oath and state:
1.
On July 24 or 25, 1989, I telephoned Geoffrey Huntington, an Assistant Attorney General with the State of New Hampshire.
I requested that he provide me any information that he1obtained during his investigation of the June, 1989 i
low-power testing events at Seabrook Station.
Attorney Huntington told me that he could not disclose or provide any information he might obtain to me or to the Massachusetts Attorney General's Office.
Signed under the pains and penalties of perjury this 19th day of September, 1989.
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4 ( Crf Jo n Traficontd
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. _ _ _ _ _ _ _ __________________J
t l-F EXHIBIT 3
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8/8/89 UNITED STATES OF AMERICA NUCLEAR REGULATORY COPflISSION 1
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of i
1 Docket Nos.
50-443 OL PUBLIC SERVICE COMPA~NY OF h
t 50 444 OL NEW HAMPSHIRE et,3,],.
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Off-site Emergency Planning (Seabrook Station. Units 1 and 2) i NRC STAFF REQUEST FOR EXTENTION OF 4
TIME TO RESPOND 70 INTERVEN0RS' MOTION T0 l
REOPEN THE RECORD AND ADMIT LATE-FILEO CONTENTION i
INTRODUCTION j
On July 21, 1989 interveners filed a motion which requests the Board.
I inter alia, to reopen the record and admit a contention relating to the-conduct and perforinance of certain of Applicants' management and control room operators during a natural circulation startup test held on June 22, 1989 in connection with low power testing operations at the Seabrook Station.
The Staff seeks an extension of eight days, until August 18, 1989, to file its response to interveners' motion.
Neither intervernors nor Applicants object to this request.
O!$CUS$!0N Good cause exists for granting the additional time requested by the Staff.
Among the relief requested by interveners in their motion is that the Board reopen the record in the off-site portion of this proceeding and admit their proffered contention.
To make this determination, the Board must find that the motion raises a significant safety or environmental issue and that a materfally different result would be 1tkely d
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10 C.F.R.
I 2.734(a)(2) and (3).
This determination, however. is to made after considering the,m4terials and evidence submitted in support of, and opposition to, the motion to reopen.
Vennent Yankee Nuclear Power Coro.
(Vermont Yankee Nuclose Power Station). ALA8-138, 6 AEC 520, 523 (1973).
The Staff currently is not in a position to provide the Board and parties, by the existing August 10 Ioao due date, with a scaningful response to the question whether interveners' motion raises a significant safety or environmortal issue which. had it been considered initially, likely would lead to a different result in the proceeding. As the Staff
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advised the Board and parties on June 26, 1989, an NRC Augmented Inspection Team (AIT) was assembled and assigned to investigate the June 22, 1989 incident.
The Office of the General Counsel understands that the AIT has completed its field inspection and that a report of the AIT's factual findings should be issued within the next several days.
This report in large part will provide the factual bases for whatever position the Staff may take in response to the motion.
It is for this reason that the Staff requests the Board to extend until August 18, 1989, the Staff's deadline for filing its response to interveners' motion.
Staff counsel has discussed this request with counsel for interveners and Applicants and is authorized to represent that neither of them objects to this request.
1 J
cea 3see actasi-ecen cc::: se e
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. CONCLUSION The Staff's deadline for filing its response to interveners' motion should be extended.by eight days, until August 18, 1989.
R ktfully su mitted, N
it Counse Staff Dated at Rockville, Maryland this Eth day of August 1999 i
i G
m roo aees actast-in w rc u t se. e ene UNITED STATES OF AMERICA l
NUCLEAR REGULATORY Com ISSION 8EFORE THE ATOMIC SAFETY AND LICENSING W R0 In the Matter of 1
h Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY CF h
50-444 OL NEWHAMPSHIRE,gt,1],.
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Off-site Emergency Planning
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(seabrookStation, Units 1and2) b)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF REQUEST FOR EXTENTION 0F TIME TO RESPOND TO IrTERVEN0RS' MOTION TO RE0 PEN THE RECORD AND ADMIT LATE-CONTENTION" in the above captioned proceeding have been served on the following by deposit in the United States iiiall, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal naa11 system, as indicated by double asterisks, by telecopier, this 8th day of August 198g:
-IvanW. Smith,Chairsen(2)**
Philip Ahrens, Esq.
Administrative Judge Assistant Attorney General i
Atomic. Safety and Licensing Board Office of the Attornay General U.S. Nuclear Regulatory Commission State House Station Washington, DC 20555 Augusta ME 04333 Richard F. Cole
- John Traficonte Esq.**
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Comeission One Ashburton Place, 19th Floor Washington, DC 20555 Boston, MA 02108 Kenneth A. McC0110m Geoffrey Huntington, Esq.
Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General stillwater. OK 74075 25 Capitol Street Concord, NH 03301 Thomas S. Dignan, Jr., Esq.**
Robert K. Sad, I!!, Esq.
Diane Cerran Esq.
Ropes & Gray Harmon, Curran & Tousley One International Place 2001 S Street, NW Boston,MA 02110-2624 Suite 430 Washington, DC 20009 Robert A. Backus, Esq.
Backus, Meyer & Solomon 116 Lowell Street Manck;'-ar, M 03106
500'390d ECTE31-3m?dN tt:L! 69. 8 ene 2-H. J. Flynn. Es4 AssistantGeneraiCounsel Judith H. Mirner, Esq.
l 79 State Street i
Federal Emergency Management Agency Newburyport. MA 01950 1
500 C Streetn$.W...
Washington, oc 20472 Robert Carrigg, Chairman Board of Selectmen 1
Paul McEachern, Esq.
Town Office Shatnes & McEachern Atlantic Avenue 25 Maplewood Avenue North Hampton, NH 03862 P.O. Box 360 Portsmo9th, NH 03801 William 5. Lord Board of Selectmen Charles P. Graham, Esq.
Town Hall - Friend Street McKay, Murphy & Graham Amesbury, MA 01913 j
100 Main Street Amesbury, MA 01913 Mrs. Anne E. Goodman, Chairman Board of Selectmen
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Sandra Gavutis, Chairman 13-15 Newmarket Road Board of Selectmen Durham, NH 03824 RFD #1, Box 1154 Kensington, NH 03827 Kensington, NH 03827 Hon. Gordon J. Humphrey Calvin A. Canney United States Senate City Hall 531 Hart Senate Office Buildig 126 Daniel Street Washington, DC 20610 Portsmouth, NH 03801 Richard R. Donovan R. Scott Hill-Whilton, Esq.
Federal Emergency Management Lagoulis, Clark, Hill-Whilton Agency
& McGuire Federal Regional Center 79 State Street 130 228th Street, S.W.
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Newburyport, MA 01950 Bothell, Washington 98021-9796 j
1 Allen Lampert Peter J. Matthews, Mayor i
Civil Defense Director City Hall Town of Brentwood Newburyport, MA 01950 20 Franklin Exeter, NH 03823 Michael Santosuosso, Chainnan Board of Selectmen William Amstrong South Hampton, NH 03827 Civil Defense Director Town of Exeter Ashod N. Amirian, Esq.
10 Front Street Town Counsel for Merrimac Exeter, NH 03833 146 South Main Street p.0. Box 38 Gary W. Holswes. Esq.
Bradford, MA 01835 Holmes & Ellis 47 Winnacunu t Road Barbara J. Sair,t Andre. Esq.
Hampton, NH 03842 Kopelman and Paige. P.C.
77 Franklin Street Boston, MA 02110
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- 300'30w gr i g3 [ /-n-m n
- g, g Ms. Suzanne Bretseth J. P. Nadeau Board of Selecteen Town of Hampton Falls Board of Selectmen Drinirwater Road 10 Central Street Rye NH 03870 Hampton Falls. NH 03844 Robert R. Pierce. Esq.*
Atomic Safety and Licensing Board Panel (1)*
Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, DC 20556 U.S. Nuclear Regulatory Commission Washington, DC 20555 Samuel J. Chilk Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Panel (5)*
Washington. DC 20555 U.S. Nuclear Regulatory Consission Washington, DC 20555 Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 i(
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Ureg5ry seri ri Counsel NRC 1 taff Y
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UNITED STATES OF-AMERICA.
L NUCLEAR REGULATORY COMMISSION 89 SD2 20 P2 26 l
c ATOMIC SAFETY AND LICENSING BOARD J
I F' E t..
90 N T Before the Administrative Judges:
q Ivan W.
Smith,' Chairman Dr. Richard F.
Cole Kenneth A.-McCollom i
~
)
In the' Matter of
)
Docket Nos. 50-443-OL
)
50-444-OL.
PUBLIC SERVICE COMPANY
)
(Off-Site EP)
OF NEW HAMPSHIRE, EI AL.
)
)
(Seabrook Station, Units 1 and 2)
)
September 19, 1989
)
CERTIFICATE OF SERVICE I,
John Traficonte, hereby certify that on September 19, 1989, I made service of the within INTERVENERS' INFORMATIONAL SUPPLEMENT TO THEIR LOW-POWER CO VENTIONS FILED ON JULY 21'AND AUGUST 28, 1989; MASS AG'S MOTION FOR LEAVE TO FILE-A REPLY TO.THE APPLICANTS' AND STAFF'S RESPONSES TO INTERVENERS' AUGUST 18, 1989 MOTION TO ADD BASES AND FURTHER LOW-POWER TESTING CONTENTIONS, and MASS AG'S REPLY TO APPLICANTS' AND STAFF'S RESPONSES TO INTERVENERS' AUGUST 28 MOTION by Federal Express as indicated with (*) and by first class mail to:
- Ivan W.
Smith, Chairman
- Kenneth A. McCollom Atomic Safety & Licensing Board 1107 W.
Knapp St.
U.S.
Nuclear Regulatory ~
Stillwater, OK 74075 Commission East West Towers Building
- Docketing and Service 4350 East West Highway U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, DC 20555
- Dr.
Richard F.
Cole Paul McEachern, Esq.
Atomic Safety & Licensing Board Shaines & McEachern U.S.
Nuclear Regulatory Commission 25 Maplewood Avenue East West Towers Building P. O.
Box 360 4350 East West Highway Portsmouth, NH 03801 Bethesda, MD 20814
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- Robert R.~ Pierce, Esq.
- Thomas G. Dignan, Jr., Esq.
Atomic Safety & Licensing Doard Katherine Selleck, Esq.
U.S.. Nuclear Regulatory Commission Ropes & Gray East West Towers Building One International Place 4350 East West Highway.
Boston, MA 02110 Bethesda, MD' 20814 H.
Joseph Flynn, Esq.
- Sherwin E. Turk, Esq.
_ Assistant General Counsel U.S. Nuclear Regulatory Office of General Counsel-
_ Commission Federal Emergency Management Office of the General Counsel Agency 15th Floor 500 C Street, S.W.
11555 Rockville Pike Washington, DC 20472 Rockville, MD 20852 Atomic Safety & Licensing Robert A.
Backus, Es g.
Appeal _ Board Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing. Board Jane Doughty U.S. Nuclear Regulatory Commission Seacoast Anti-Pollution ~ League Washington, DC. 20555 5 Market Street
'Portsmouth, NH 03801 Charles P. Graham, Esq.
barbara St. Andre, Esq.
Murphy & Graham Kopelman & Paige, P.C.
33 Low Street 77 Franklin Street Newburyport, MA 01950 Boston, MA 02110 Judith H. Mizner, Esq..
R.
Scott Hill-Whilton, Esq.
79 State Street Lagoulis, Hill-Whilton 2nd Floor
& Rotondi l
Newburyport, MA 01950 79 State Street Newburyport, MA 01950 l
Dianne Curran, Esq.
Ashod N. Amirian,.Esq.
Harmon, Curran, & Towsley 145 South Main Street L
Suite 430 P.O.
Box 38
-i 2001 S Street, N.W.
Bradford, MA 01835 Washington, DC 20008 1
l Senator Gordon J. Humphrey Senator Gordon J. Humphrey U.S.
Senate One Eagle Square, Suite 507 l
Washington, DC 20510 Concord, NH 03301 (Attn:' Tom Burack)
(Attn: Herb Boynton) L _
FDg.
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John P. Arnold, Attorney General Phillip Ahrens, Esq.
Office of the Attorney General Assistant Attorney General 25 Capitol Street Department of the Attorney-Concord, NH 03301 General Augusta, ME 04333 Willi' S. Lord Board of Selectmen Town.i 1 - Friend Street Amesbury, MA 01913 COMMONWEALTH OF MASSACHUSETTS JAMES M.
SHANNON ATTORNEY GENERAL l
Le n Traficonte C ief, Nuclear Safety Unit epartment of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2200 DATED:
September 19, 1989 M
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