ML20248D211

NRC Staff Opposition to Motion of Commonwealth of Ma Atty General for Schedule for Filing of Contentions Arising Out of Sept 1989 Onsite Exercise.* Atty General Establishes No Good Cause to Show Schedule Needed.W/Certificate of Svc

ML20248D211
Person / Time
Site:	Seabrook
Issue date:	09/26/1989
From:	Reis E NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#489-9234 OL, NUDOCS 8910040155
Download: ML20248D211 (7)

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i" i: 000 METED t;" EC UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION '89 SEP 28 All :49-BEFORETHE'ATOMICSAFETYANDLICENSINGB0kRb

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-In the Matter'of. )

) Docket Nos. 50-443 OL ,

PUBLIC' SERVICE COMPANY OF ) 50-444 OL-pt i NEW HAMPSHIRE, y al. ) Off-site Emergency Planning

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(Seabrook Station, Units 1 and 2) )

NRC STAFFS' OPPOSITION TO MOTION OF MASSACHUSETTS

, ATTORNEY GENERAL FOR~A SCHEDULE FOR THE FILING OF

~ CONTENTIONS ARISING OUT OF THE SEPTEMBER, 1989 ONSITE EXERCISE BACKGROUND.

The NRC Staff opposes the . Massachusetts Attorney General's (MAG's) renewed request to set a schedule. for the filing of " contentions arising out of the. September 27, 1989 onsite. exercise." Motion at 1. The hearings on the off-site emergency planning exercise and the emergency plan for Massachusetts communities have been completed and this Board is scheduled' to issue its ' decision on' those issues 'by November 30,1989,1/

The instant motion was filed on September 18, 1989, before the September 27, 1989 exercise was held, and before . it could be determined whether there could be contentions arising from that exercise.

1/ Licensing Board Report to the Commission, July 6, 1989. The Appeal Board in AL AB-920, certified to the Commission the question of w hether certain regulations should be waived to permit the ntigation of financial qualification regulations. That matter is pending before the Commission and could affect the Board's sched ule.

8910040155 890926 PDR ADOCK 05000443 O PDR

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3 BACKGROUND On June 30, 1989,- the licensing Board denied the original May 31, ,

i 1989, motion which sought, inter alia, the setting of "a deadline for  !

submission of contentions" arising from the onsite emergency planning exercise and low power testing. 2/ The Board denied the motion principally on the ground that it did not have authority to grant the relief requested. Tr. 28287-88. 3/ The Interveners filed their " renewed" motion to set a schedule'for the submission of contentions on the onsite exercixe on September 18, 1989.

DISCUSSION The Interveners move to set a schedule for the filing of contentions arising from an onsite emergency planning exercise scheduled for September 27, 1989. The Staff opposes the setting a schedule for the filing of contentions on events which have not even transpired. At the time the instant motion was filed the exercise had not been held and it could not be known if there will be " contentions arising out of the September 27, l

1989 on-site exercise." It is indeed speculative to say that a schedule for the submission of a contentions is needed to prevent harm before the exercise is even held and it can be seen if possible contentions can be formulated. See CLI-89-19, NRC (slip op. at 3, September 15, 1989. It is even more difficult to determine what a reasonable schedule i

-2/ Motion of Massachusetts Attorney General To Hold Open The Record Pending Low Power Testing And The Required Yearly O nsite Exercise And For Other Related Relief, May 3,1989, at 10.

-3/ See also NRC Staff Response to Motion of Massachusetts Attorney Te'neriT To Hold Open the Record Pending Low Power Testing and the Required Yearly Onsite Exercise and For Other Relief, June 15, 1989 (" Staff Response"), at 3-5.

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for these hypothetical contentions might be, when one does not even know the results of the exercise. No good cause is established to show a schedule is needed nor can a reasonable schedule be established in the present posture of this proceeding. 4/ -

Moreover, the request for a period of 45 days after the Staff issues its report on the on-site emergency planning exercise to file contentions on the exercise could not be granted as it is contrary to the Commission's direction tht: their be expedited procedures "to bring this proceeding to a close within a reasonable timeframe." Commission Memorandum, February 3, 1989; CLI-89-19, slip op. at 4; see also Staff Response at 8-9. This Board has stated that it will issue its decision on the remaining litigated issues in November 1989. To propose any schedule that would not allow, at least, a ruling on the admissibility of contentions within that period would be contrary to the directions of the Commission and unjust in preventing a timely completion of proceedings. 5/

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The motion coming before the exercise does not evidence a desire to raise actual concerns about the exercise (which could not then be ,

known), but rather a desire to search for matters to litigate regardless of their merit. As the Staff stated in regard to the original M AG motion of May 31, 1989: "The instant motion seeks to prevent completion of the full power proceeding to give interveners time to raise additional issues for litigation in the full power proceeding w hich would substantially delay the completion of the proceedin g ." Staff Response, June 15, 1989.. at 2. There is no basis upon which to grant the motion.

5/ Further, it is doubtful that the Licensing Board has the authority to set a scedule past the time it might issue its decision on presently

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admitted contentions. Staff Response, June 15, 1989, at 3-5, 8-10.

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.e CONCLUSION For' the foregoing reasons the NRC Staff opposes the MAG's motion to set a schedule for.- the filing on contentions on the September 1989 exercise.

Res pectfully ~ su bmitted .

Edwin J. is Deputy ssistant General Counsel for eactor Licensing D*ted at Rockville, Maryland t..is 26th day of September.1989 l

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4 UNITED STATES OF AMERICA J NUCLEAR REGULATORY COMMISSION

.g g g qg BEFORE THE ATOMIC SAFETY AND LICENSING BOARD crr 1 In the Matter of ) 00D ~ >

) Docket Nos. 50-443 OL N PUBLIC SERVICE COMPANY OF ) 50-444 OL NEWHAMPSHIRE,e_t,al. ) Off-site Emergency Planning (Seabrook Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFFS' OPPOSITION TO MOTION OF MASSACHUSETTS ATTORNEY GENERAL FOR A SCHEDULE FOR THE FILING OF CONTENTIONS ARISING OUT OF THE SEPTEMBER, 1989 ONSITE EXERCISE" in the above captioned proceeding have been served on th" following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 26th day of September 1989:

Ivan W. Smith, Chairman (2)* Philip Ahrens, Esq.

Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board ' Office of the Attorney 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 Commission One Ashburton Place, 19th Floor Washington, DC 20555 Boston, MA 02108 Kenneth A. McCollom Geoffrey Huntington, Esq.

Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 74705 25 Capitol Street Concord, NH 03301 Thomas G. Dignan, Jr., Esq.

Robert K. Gad, III Esq. Diane Curran, 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 Manchester, NH 03106

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i .i 4 H. J. Flynn, Esq. Judith H. Mizner, Esq.

Assistant General Counsel 79 State Street Federal Emergency Management Agency Newburyport, MA 01950 500 C Street, S.W.

Washington, DC 20472 Robert Carrigg, Chairman Board of Selectmen Paul McEachern, Esq. Town Office Shaines & McEachern Atlantic Averue 2S Maplewood Avenue North Hampton, NH 03862 P.O. Box 360.

Portsmouth, NH 03801 William S. Lord Board of Selectmen Charles P. Graham, Esq. Town Hall - Friend Street

'McKay, Murphy & Graham Amesbury, MA 01913 100 Main Street fresbury, MA 01913 Mrs. Anne E. Goodman, Chairman Board of Selectmen >

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 i Calvin A. Canney United States Senate City Hall 531 Hart Senate Office Building 126 Daniel Street Washington, DC 20510 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.

Newburyport, MA 01950 Bothell, Washington 98021-9796 Allen Lampert Peter J. Matthews, Mayor Civil Defense Director City Hall Town of Brentwood Newburyport, MA 01950 20 Franklin Exeter, NH 03833 Michael Santosuosso, Chairman Board of Selectmen William Armstrong South Hampton, NH 03827 Civil Defense Director Town of Exeter Ashod N. Amirian, Esq.

10 Front Street Town Counsel for Merrimac Exeter, NH 03833 145 South Main Street P.O. Box 38 Gary W. Holmes, Esq. Bradford, MA 01835 Holmes & Ellis 47 Winnacunnet Road Barbara J. Saint Andre, Esq.

Hampton, NH 03842 Kopelman and Paige, P.C.

77 Franklin Street Boston, MA 02110

Ms. Suzanne Breiseth J. P. Nadeau Board of Selectmen Board of Selectmeri Town of Hampton Falls 10 Central Street

-Drinkwater Road Rye, NH 03870 Hampton Falls, NH 03844 Atomic Safety and Licensing Robert R. Pierce, Esq.* Board Panel (1)*

Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Samuel J. Chilk*

Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Comission Appeal Panel (6)* Washington, DC 20555 j U.S. Nuclear Regulatory Commission Washington, DC 20555 I Docketing and Service Section*

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 Edwin J. Rei Deputy Ass tant General Counsel for eactor Licensing

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