ML20248B412
| ML20248B412 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/30/1989 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#289-8713 LBP-88-32, OL, NUDOCS 8906090038 | |
| Download: ML20248B412 (7) | |
Text
. 127/3 4-DOCKi.iED U5NRC May 30, 1989 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION r;
before the ATOMIC SAFETY AND LICENSING' APPEAL BOARD
)
In the Matter of
)
)
PUBLIC SERVICE' COMPANY
)
Docket Nos. 50-443-OL OF NEW HAMPSHIRE, 31 A1
)
50-444-OL
)
(Seabrook Station, Units 1
)
(Offsite Emergency and 2)
)
Planning Issues)
)
APPLICANTS' MOTION TO STRIKE NOTICE OF APPEAL AND RESPONSE TO APPEAL BOARD ORDER OF MAY 23, 1989 On May 16, 1989, the Attorney General of The Commonwealth of Massachusetts (MAG) filed a Notice of Appeal whereby he purports to preserve an appeal:
"of those aspects of the Atomic Safety and Licensing Board's Partial Initial Decision (New Hampshire Radiological Emergency Response Plan), dated December 30, 1988, (LBP-88-32), which pertain to the impact of returning commuters on the evacuation time estimates and which-the Board made final on May 5, 1989, in its Memorandum and Order (Returning Commuters Issue by announcing that it had not retained jurisdiction of these aspects of the returning commuters issue. l 1
Notice of ADoeal of Commonwealth of Massachusetts' Attorney General James M.
Shannon (May 16, 1989) at l-1-2.
8906090038 890530 ADOCK 05 43 gDR L _ - _ _ _ -- --
s o
This was accompanied by a " Statement Regarding Prematureness of Accompanying Notice of Appeal."
In that " statement" MAG purports to set out reasons why the Notice of Appeal may be premature.
The fact is, the Notice of Appeal is not premature; rather it is extremely late.
In the Partial Initial Decision from which this appeal purports to be taken, Public Service Comoany of New Hampshire (Seabrook Station, Units 1 and 2), LBP-88-32, 28 NRC 667 (1988), the Licensing Board retained jurisdiction of a very narrow portion of the evacuation time estimate (ETE) issue by reflecting a concern:
"that trips by returnina commuter within the EPZ to their homes in the EPZ are properly accounted for in the evacuation time analyses.
The Board retains jurisdiction over this subissue pending further advice from the parties, which advice will be solicited in a forthcoming order."
LBP-88-22, suora, at 804.
(Emphasis added.)
In the substantive discussion which preceded this retention of jurisdiction, the Licensing Board made it clear that its concern was commuters whose trips home began within the EPZ and ended also within the EPZ.
"Instead, commuters whose trips home oriainate toward the center of the EPZ and terminate at some coint farther out in the EPZ are assumed to maaically show un at their homes without having travelled the roads with the flow of evacuating traffic. [ citation omitted).
The operative phrase here is ' trips home originate toward the center of the EPZ' because commuter trips from the beach, to home have already been accounted for in vehicle counts and'the estimate of beach I i
w - - _ _ _ ________..________
i
@M E
i*s population.
The commuters working at the beach, during the peak summer season, would clearly constitute a major portion
?
of the problem, but should not-be considered in Dr. Adler's hypothesis.
LBP-88-32 at 787, 1 9.52.
.(Emphasis added.)
)
="Dr. Adler explained that in fact there
~
h rare likely to be many EPZ residents who work at the many places of emolovment alona Route 1 in the Hamoton/Seabrook area who, in order to-return home to EPZ p
towns to the north'(e.a.. Exeter.
Newfields. Stratham. Greenland, or Portsmouth). would have to ao throuch the critical intersection at I-95/ Route 51.
[ citation omitted).- While the KLD study assumes that all these commuters will return homeland.then, using IDYNEV accounts for their evacuation trips from their homes, it ignores-their: return trip home altogether.
In-doing so, it jumps these vehicles over the 195/ Route 51
' intersection, an important constraining element in the evacuation of those eersons in'the beach ~ area and other areas close to the nuclear olant.- It puts them in places from which the evacuation out of^the EPZ is not' constrained.-[ citation:
oritted). -The result is that the ETEs o
reported by KLD for the beach area evacuees and others are. low."
_ Emphases
(
supra, at 788-89, 19.53..
added.)
.The~ 1anguage of the actual retention of jurisdiction,
-especially when. read in the context of the above-quoted portion of the decision could not be clearer.
The Licensing Board retained jurisdiction only of the effect of intra-EPZ commuters on ETEs.
Nothing else was retained.
This being the care-if MAG had an appeal on some other aspect of commuters he should have included it in his original appeal of the Partial Initial Decision. U-.
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WHEREFORE:
Applicants move the Appeal Board t'o strike, as late filed, 10 CFR 52.762, the' Notice of Appeal filed by MAG under date of May 16, 1989.
By their attorneys, n
Thomas G.
Digfiin, Jr.
George H. Lewald Kathryn A. Selleck Jeffrey P.
Trout Jay Bradford Smith Geoffrey C.
Cook William Parker Ropes & Gray One International Place Boston, MA 02110-2624 (617) 951-7000 counsel for Applicants e_
t.
t, m& IU 4
CERTIFICATE OF SERVICE 1
Dignan, Jr., one of the attorneys hhr Ebe-5 A11 :47 I, Thomas G.
Applicants herein, hereby certify that on May 30, 1989, I made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery tn4cr "
l' where indicated, by depositing in the United States mail!" fN' first class postage paid, addressed to):
Alan S. Rosenthal, Chairman Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Thomas S. Moore Mr. Richard R.
Donovan Atomic Safety and Licensing Federal Emergency Management Appeal Panel Agency U.S. Nuclear Regulatory Federal Regional Center Commission 130 228th Street, S.W.
East West Towers Building Bothell, Washington 98021-9796 4350 East West Highway Bethesda, MD 20814 Administrative Judge Ivan W.
H. Joseph Flynn, Esquire Smith, Chairman, Atomic Safety Office of General Counsel and Licensing Board Federal Emergency Management U.S. Nuclear Regulatory Agency Commission 500 C Street, S.W.
East West Towers Building Washington, DC 20472 4350 East West Highway Bethesda, MD 20814 Administrative Judge Richard F. Cole Gary W. Holmes, Esquire Atomic Safety and Licensing Board Holmes & Ells U.S. Nuclear Regulatory Commission 47 Winnacunnet Road East West Towers Building Hampton, NH 03842 4350 East West Highway Bethesda, MD 20814 Administrative Judge Kenneth A.
Judith H. Mizner, Esquire McCollom 79 State Street, 2nd Floor 1107 West Knapp Street Newburyport, MA 01950 Stillwater, OK 74075 i
t e.
John P. Arnold, Esquire Robert R.
Pierce, Esquire Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street East West Towers Building Concord, NH 03301-6397 4350 East West Highway Bethesda, MD 20814 Sherwin E. Turk, Esquire Diane Curran, Esquire Office of General Counsel Andrea C.
Ferster, Esquire U.S.
Nuclear Regulatory Harmon, Curran & Tousley Commission Suite 430 One White Flint North, 15th Fl.
2001 S Street, N.W.
11555 Rockville Pike Washington, DC 20009 Rockville, MD 20852 Adjudicatory File Robert A.
Backus, Esquire Atomic Safety and Licensing 116 Lowell Street Board Panel Docket (2 copies)
P.O.
Box 516 U.S. Nuclear Regulatory Manchester, NH 03105 Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814
- Atomic Safety and Licensing Mr. J.
P3 Nadeau Appeal Board Selectmen's Office U.S. Nuclear Regulatory 10 Central Road Commission Rye, NH 03870 Washington, DC 20555 Philip Ahrens, Esquire John Traficonte, Esquire Assistant Attorney General Assistant Attorney General Department of the Attorney Department of the Attorney General General Augusta, ME 04333 One Ashburton Place, 19th Flr.
Boston, MA 02108 Paul McEachern, Esquire Mr. Calvin A.
Canney Shaines & McEachern City Manager 25 Maplewood Avenue City Hall P.O.
Box 360 126 Daniel Street Portsmouth, NH 03801 Portsmouth, NH 03801 Mrs. Sandra Gavutis R. Scott Hill-Whilton, Esquire Chairman, Board of Selectmen Lagoulis, Hill-Whilton &
RFD 1 - Box 1154 Rotondi Route 107 79 State Street Kensington, NH 03827 Newburyport, MA 01950 C_________________
.4 9
4
- Senator Gordon J. Humphrey Leonard Kopelman, Esquire U.S.
Senate Kopalman & Paige,'P.C.
Washington, DC 20510 77 Franklin Street (Attn:
Tom Burack)
Boston, MA 02110
- Senator Gordon J. Humphrey Mr. William S.
Lord One Eagle Square, Suite 507 Board of Selectmen Concord, NH 03301
' Town Hall - Friend Street (Attn:
Herb Boynton)
Amesbury, MA 01913 Mr. Thomas F.
Powers, III Charles P. Graham, Esquire Town Manager Murphy and Graham Town of Exeter 33 Low Street 10 Front Street Newburyport, MA 01950 Exeter, NH 03833 Ashod N. Amirian, Esquire Richard A. Hampe, Esquire 145 South Main Street Hampe and McNicholas P.O.
Box 38 35 Pleasant Street Bradford, MA 01835 Concord, NH 03301 0
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M rb
/ r M %V Thomas G.
Bignan, Jr.
(*= Ordinary U.S.
First Class Mail.)
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