ML20248J024
| ML20248J024 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/02/1989 |
| From: | Lisa Clark NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#489-9246 OL, NUDOCS 8910130007 | |
| Download: ML20248J024 (8) | |
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'['0 METED ttstec UNITED STATES OF AMERICA
,89 DCT -2 P4 :23 NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In'the Matter of.
Docket Nos. 50-443 OL PUBLIC~ SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, el al.
Off-site Emergency Planning 1
(Seabrook Station, Units 1 and 2)
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NRC STAFF RESPONSE TO APPLICANTS' MOTIONS TO STRIKE THE COMMENTS OF MASSACHUSETTS ATTORNEY
.l GENERAL ON APPLICANTS' RESPONSE TO APPEAL BOARD ORDER OF AUGUST 30, 1989 AND SAPL RESPONSE IN ACCORDANCE WITH APPEAL BOARD ORDER OF AUGUST 30,-1989 4
1 Lisa B. Clark Counsel for NRC Staff October 2, 1989 8910130007 891002 PDR ADOCK 0S00 3
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UNITED STATES OF AMERICA.
NUCLEAR REGULATORY COMMISSION-BEFORE THE ATOMIC SAFETY AND LICENSIRG APPEAL BOARD i
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF-
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50-444 OL NEW HAMPSHIRE, et al.
Off-site Emergency Planning (Seabrook Station, Units 1 and 2)
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1 NRC STAFF RESPONSE TO APPLICANTS' MOTIONS TO STRIKE THE COMMENTS OF MASSACHUSETTS ATTORNEY GENERAL ON APPLICANTS' RESPONSE TO APPEAL BOARD ORDER OF AUGUST 30, 1989 AND SAPL RESPONSE IN ACCORDANCE WITH APPEAL BOARD ORDER OF AUGUST 30, 1989 Lisa B. Clark Counsel for NRC Staff October 2, 1989
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UNITED STATES.0F AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE AT_0MIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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Docket Nos. 50-443 OL PUBtIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, g al.
Off-tite Ecergency Planning (Seabrook Station, Units 1 and ?)
NRC STAFF RESPONSE TO APPLICANTS' MOTIONS TO STRIKE THE COMMENTS OF MASSACHUSETTS ATT0RNEY GENERAL ON APPLICANTS' RESPONSE Tli APPEAL BOARD ORDER OF AUGUST 30, 1989 AND SAPL RESPONSE IN ACCORDANCE WITH APPEAL BOARD ORDER OF AUGUST 30, 1989 On August 30, 1989, this Appeal Board issued an order directing the
~ Applicants to submit a filing setting forth the numerical population figures for the values used in the mathematical model adopted by the Licensing Board to determine the evacuee load for registration centers and radiation monitoring and decontamination facilities.
The order also provided that other parties might file comments.
Applicants' response, which contained the requested information, was filed on September 7 1989,1/ and the commeats and the Massachusetts Attorney General (MAG) E/
and SAPL SI were filed on September 15, 1989.
The Staff's comments were 1/
Applicants' Response to Appeal Boar.d Order of August 30, 1989, September 7, 1989.
2/
Comments of Massachusetts Attorney Geteral on Applicants' Response to Appeal Board Order of August 30, 1959 September 15, 1989.
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3/
SAPL Response in Accordance t.ith Appe:1 Board Order of August 30, 1989, September 15, 1989.
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's filed on September 20,1989.S/ On the same day, Applicants filed motions tn. strike the comments of MAG and the response of SAPL. El In the
. accompanying memoranda, 5/
Applicants argued that both MAG and SAPL improperly utilized their comment privilege to put forth new legal and l
factual theories concerning the adequacy of the reception centers.
As. the Staff discussed in its comments (at 2), the documents filed by MAG and SAPL are improper.
They do not properly address the subject of the August 30, 1989 order:
The population values used in the mathematical model adopted by the '.icensing Board to determine evacuee loads.
Instead, they address issues which were never raised before the Licensing Board U as well as issues which were never brought before this 4/
NRC Staff Comments on Applicants' Response to Appeal Board Order of August 30, 1989 and Comments of the Massachusetts Attorney General and SAPL, September 20, 1989.
("StaffComments").
5/
t.pplicants' Motion To Strike Comments of Massachusetts Attorney General on Applicants' Response To Appeal Board Order of August 30, 1989, September 20, 1989; Applicants' Motion to Strike SAPL Response in Accordance with Appeal Roard Order of August 30, 1989, September 20, 1989.
-6/
Applicants' Memorandum in Support of Their Motion to Strike the Comments of Massachusetts Attorney General on Applicants' Response to Appeal Board Order of August 30, 1989 September 20, 1989; Applicants' Memorandum in Support of Applicants' Motion to Strike SAPL Response in Accordance with Appeal Board Order of August 30, 1989, September 20, 1989.
7/
As the Appeal Board recognized in Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2), ALAB-845, 24 NRC 220, 248 n.29 (1986), an intervenor who raises a new issue at this stage of the proceeding must satisfy the Commission's prerequisites for reopening the record and hearing a late-filed contention.
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Board on appeal.
Further, MAG attempts to reargue vehicle and beach population issues neither of which.is encompassed by the Appeal Board's Auhust 30, 1989 order. 8,/
l For these reasons, the Staff supports the motions to strike the l
comments of MAG and SAPL which are not responsive to the Appeal Board order of August 30, 1989, but seek to argue other matters.
Respectfully submitted.
Lisa B..
ark Counsel for NRC Staff Dated at.Rockville, Maryland this 2nd day of October 1989 8]
See Staff Comments at 5-6.
%Qf UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 OCT -2 P4 :24 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD' i
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Docket Nos. 50-443 dE r.'
In the Matter of
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l PUBLIC SERVICE COMPANY OF
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50-444 OL NEW HAMPSHIRE, el al,.
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Off-site Emergency Planning (Seabrook Station, Units 1 and 2 CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO APPLICANTS' MOTIONS TO STRIKE THE COMMENTS OF MASSACHUSETTS ATTORNEY GENERAL ON APPLICANTS' RESPONSE TO APPEAL BOARD ORDER OF AUGUST 30, 1989 AND SAPL RESPONSE IN ACCORDANCE WITH APPEAL BOARD ORDER OF AUGUST 30, 1989" in the above captioned proceeding have been served on the following by deposit in the United States mail, first class i
'I or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 2nd day of October 1989-i Ivan W. Smith, Chairman (2)*
H. J. Flynn, Esq.
Administrative Judge Assistant General Counsel Atomic Safety and Licensing Board Federal Emergency Management 1
U.S. Nuclear Regulatory Commission Agency Washington, DC 20555 500 C Street, SW Washington, DC 20472 Richard F. Cole
- Administrative Judge Calvin A. Canney Atomic Safety and Licensing Board City Hall U.S. Nuclear Regulatory Commission 126 Daniel Street Washington, DC 20555 Portsmouth, NH 03801
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Kenneth A. McCollom John Traficonte, Esq.
Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 74075 One Ashburton Place,19th Floor Boston, MA 02108 Diane Curran, Esq.
Harmon, Curran & Tousley Geoffrey Huntington, Esq.
2001 S Street, NW Assistant Attorney General Suite 430 Office of the Attorney General Washington, DC 20009 25 Capitol Street Concord, NH 03301 Philip Ahrens, Esq.
' Assistant Attorney General Office of the Attorney General State House Station
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Augusta, ME 04333
Robert A. Backus, Esq.**
Peter J. Matthews, Mayor B.ackus, Meyer & Solomon City Hall 116 Lowell. Street Newburyport, MA 01950 Manchester, NH 03106 Mrs. Anne E. Goodman, Chairman Paul McEachern Esq.
Board of Selectmen Shaines'& McEachern 13-15 Newmarket Road 25 Maplewood Avenue Durham, NH 03824 Portsmouth, NH 03801 Hon. Gordon J. Humphrey
' Sandra Gavutis, Chairman Unites States Senate Board of Selectmen 531 Hart Senate Office Building RFD #1, Box 1154 Washington, DC 20510 Kensington, NH 03827 Barbara J. Saint Andre, Esq.
William S. Lord Kopelman & Paige, P.C.
Board of Selectmen 77 Franklin Street Town Hall - Friend Street Boston, MA 02110 R.~ Scott Hill-Whilton, Esq.
Michael Santosuosso, Chairman Lagoulis,. Clark, Hill-Whilton Board of Selectmen
& McGuire South Hampton, NH 03827 79 State Street Newburyport MA 01950 Ashod N. Amirian, Esq.
Town Counsel for Merrimac Allen Lampert 145 South Main Street Civil Defense Director P.O. Box 38 Town of Brentwood Bradford, MA -01835 William Armstrong Richard R. Donovan Civil Defense Director Federal Regional Center Town of Brentwood Federal Emergency Management Agency 20 Franklin 130 228th Street, S.W.
Exeter, NH 03833 Bothell, Washington 98201-9796 Gary W. Holmes, Esq.
. Robert P.. Pierce, Esq.*
Holmes & Ellis Atomic Safety and Licensing 47 Winnacunnet Road Board Panel Hampton..NH 03842 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l
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- Thomas G.
- Dignan,'Jr., Esq.**
Ms. Suzanne Breiseth Robert K. Gad,_III, Esq.
Board of Selectmen
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' Ropes =& Gray Town of Hampton Falls One International Place Drinkwater' Road Boston, MA 02110-F6mpton Falls, NH 03844 J.P. Nadeau.
Atomic Safety and Licensing.
Board of Selectmen Board (1)*
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'10 Central Street U.S. Nuclear-Regulatory Comission f-Rye, NH 03870.-
Washington, DC 20555 Judith H.L.Mizner, Esq.
Atomic Safety and Licensing 79 State' Street.
Appeal Panel (6)*
Newburyport, MA 01950 U.S. Nuclear Regulatory Comission Washington, DC 20555
' Robert Carrigg Board of Selectmen OfficeoftheSecretary(3)*
Town Office U.S. Nuclear Regulatory Commission Atlantic Avenue Washington, DC 20555.
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. North Hampton, NH 03862 Attn: Docketing and Service Section Edwin J. ReiY Deputy Asy4,stant General Counsel for R,eictor Licensing
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