ML20247Q805
| ML20247Q805 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/26/1989 |
| From: | Jonas S MASSACHUSETTS, COMMONWEALTH OF |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#389-8971 ALAB-894, LBP-89-17, OL-1, NUDOCS 8908070252 | |
| Download: ML20247Q805 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 at 31 P4 42 d'
before the crr: '
ATOMIC SAFETY AND LICENSING APPEAL BOENDi.5 ;(
-)
In the Matter of
)
Docket Nos. 50-443-OL-1
)
50-444-OL-1 PUBLIC SERVICE COMPANY
)
(On-Site Emergency) e OF NEW HAMPSHIRE, EI AL.
)
Planning and Safety
)
Issues)
(Seabrook Station, Units 1 and 2)
)
)
July 26, 1989 MASS AG'S VIEWS REGARDING THE APPEALABILITY OF LBP-89-17 On June 23, 1909, the Onsite Licensing Board issued its
" Final Initial Decision" with respect to Applicants' proposed alert'and notification system.1' This Board has called for the views of the parties as to the appealability of this decision.
The question is whether the issue represents "a discrete and trajor segment of the full power operating license proceeding."
There is no question that the siren issue is a discrete segment of the proceeding.
The Licensing Board reviewed it as a major segment as well.
LBP-89-17 at 31.
The Mass AG agrees.
1/
LBP-89-17, 29 NRC 990B070252 890726 PDR ADOCK 05000443 PDR G
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L This inatter began with the November 13, 1983 filing by the Mass AG of a contention relating to the siren system for the Town of Newburyport.
In January, 1988, the submission was expanded to account for the removal of the fixed pole sirens throughout the Massachusetts EPZ.
On February 3, 1988 this Board ordered the record reopened on these issues.
Public Service Company of New Hampshire, et al. (Seabrook Station, Units 1 and 2) ALAB-883, 27 NRC 43 (1988)
An amended contention was filed on April 15, 1988 and subsequently admitted.
Extensive discovery was taken and in September, 1988 the Applicants moved for summary disposition.
That motion was the subject of a March 6, 1989 40 page order from the Licensing Board which in part granted and in part denied the motion.
LBP-89-09, NRC At the hearing, three panels of experts were heard on the subjects of the siren sound levels, the " discomfort" standard in NUREG-0654, the job motivation and expet;ed behavior of the VANS operators and the appropriate training sequence to account for the informational message.
See oenerally, LBP-89-17.
Approval of the alternative siren system was and continues to be a major component of an overall emergency planning approval.
While S50.42(b)(5) is only one of sixteen planning standards, in this particular case compliance with the provision has been difficult because of the need to design and implement an unusual alternative system.
The problems with and 1
4 issues surrounding the VANS system created a proceeding of dimensions significantly greater than the typical approval of a fixed-pole siren system.
While a number of these emergency planning matters remain for decision and the siren issues do not represent a numerical majority of issues, they nonetheless comprise a major segment of the proceedings.
In short LBP-89-17 brings to a close, at the Licensing Board level, a discrete and tuajor segment of the full-power proceedings.
The decision is not interlocutory and, then is subject to appeal at this time.
In support of its position, the Mass AG also adopts the views of the Staff on this issue.2#
In particular, Mass AG endorses the Staff's discussion of the appealability of the siren issues in this case, in light of the Appeal Board decision in ALAB-894.
Staff Response pp.
2-5.
Respectfully submitted, JAMES M.
SHANNON ATTORNEY GEWERAL COMMONWEALTH OF MASSACHUSETTS Ilk' b 'hkhs Stephen A.
Jonas Deputy Attorney General Chief, Public Protection Bureau One Ashburton Place Boston, KA 02108 (617) 727-2200 Dated:
July 26, 1989 2/
See NRC Staff Response to Appeal Board Memorandum and Order of July 10, 1989 (7/25/89) (hereinafter Staff Response).
UNITED STATES OF AMERICA NOCLEAR REGULATORY' COMMISSION a
ATOMIC SAFETY AND LICENSING APPEAL BOARD Before Administrative Judges:
G.
Paul Bollwerk, Chairman Alan S.
Rosenthal Howard A.
Wilber
)
In the Matter of
)
Dccket Nos. 50-443-OL-1
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50-444-OL-1 PUBLIC SERVICE COMPANY
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OF NEW HAMPSHIRE, EI AL.
)
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(Seabrook Station, Units 1 and 2)
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July 26, 1989
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CERTIFICATE OF SERVICE I,
Stephen A.
Jonas, hereby certify that on July 26, 1989, I made service of the foregoing Mass AG's Views Regarding the Appealabi?ity of LBP-89-17 by first class mail to:
Ivan W.
Smith, Chairman Kenneth A. McCollom Atomic Safety & Licensing Board 1107 W.
Knapp St.
U.S.
Nuclear Regulatory Commission Stillwater, OK 74075 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Dr. Richard F.
Cole Robert R.
Pierce, Esq.
Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 w
i Docketing and Service Thomas G.
Dignan, Jr.
U.S. Nuclear Regt11atory Commission Ropes & Gray Washington, DC 20555 One International Place J
Boston, MA 02110 Sherwin E. Turk, Esq.
Richard Donovan U.S.
Nuclear Regulatory Commission FEMA Region 10 Office of the General Counsel 130 228th Street, S.W.
11555 Rockville Pike, 15th Floor Federal Regional Center Rockville, MD 20852 Bothell, WA 98021-9796 H.
Joseph Flynn, Esq.
Atomic Safety & Licensing Assistant General Counsel Appeal Board Office of General Counsel U.S.
Nuclear Regulatory Commission Federal Emergency Management Washington, DC 20555 Agency 500 C Street, S.W.
Washington, DC 20472 Robert A.
Backus, Esq.
Atomic Safety & Licensing Board Backus, Meyer & Solomon U.S.
Nuclear Regulatory Commission 116 Lowell Street Washington, DC 20555 P.O.
Box 516 Manchester, NH 03106 Jane Doughty Dianne Curran, Esq.
Seacoast Anti-Pollution League Harmon, Curran & Towsley l
Five Market Street Suite 430 Portsmouth, NH 03801 2001 S Street, N.W.
Washington, DC 20008
-Barbara St. Andre, Esq.
Judith Mizner, Esq.
Kopelman & Paige, P.C.
79 State Street 77 Franklin Street Second Floor I
Boston, MA 02110 Newburyport, MA 01950 Charles P. Graham, Esq.
R.
Scott Hill-Whilton, Esq.
Murphy & Graham Lagoulis, Hill-Whilton & Rotondi 33 Low Street 79 State Street l
Newburyport, MA 01950 Newburyport, MA 01950 l
Ashod N. Amirian, Esq.
Senator Gordon J.
Humphrey 145 South Main Street U.S.
Senate P.O.
Box 38 Washington, DC 20510 Bradford, MA 01835 (Attn:
Tom Burack)'
a
l 0
Senatot Gordon J. Humphrey John P. Arnold, Attorney General One Eagle Square, Suite 507 Office of the Attorney General Concord, NH 03301 25 Capitol Street (Attn:
Herb Boynton)
Concord, NH 03301 Phillip Ahrens, Esq.
William S.
Lord Assistant Attorney General Board of Selectmen Department of the Attorney General Town Hall - Friend Street Augusta, ME 04333 Amesbury, MA 01913 G.
Paul Bo11werk, Chairman Alan S.
Rosenthal Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board Appeal Board U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, DC 10555 Washington, DC 10555 Howard A.
Wilber Atomic Safety & Licensing Appeal Board U.S.
Nuclear Regulatory Commission Washington, DC 10555 Respectfully submitted, JAMES M.
SHANNON ATTORNEY GENERAL V I'
(
M. (
-p 1
ies Stephen A.
Jonas Deputy Attorney General Chief, Public Protection Bureau One Ashbutton Place Boston, MA 02108 (617) 727-2200 Dated:
July 26, 1989
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