ML20214G655

Atty General Fx Bellotti Response & Objection to ASLB 861104 Memorandum & Order Directing Parties to Submit Proposed Schedules for Litigation of Nhrerp Contentions & Motion for Reconsideration of Filing Date.Certificate of Svc Encl

ML20214G655
Person / Time
Site:	Seabrook
Issue date:	11/21/1986
From:	Sneider C MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-1636 OL, NUDOCS 8611260164
Download: ML20214G655 (9)

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00LKETED USNRC UNITED STATES-OF AMERICA NUCLEAR REGULATORY COMMISSION Before Administrative Judges:

0FFICE 6T 3:

Helen F. Hoyt, Chairperson 00CKEijgtjg.: 9.aj

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Emmeth A. Luebke Jerry Harbour

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In the Matter of

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PUBLIC SERVICE COMPANY OF NEW

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Docket Nos.

HAMPSHIRE, ET AL.

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50-443/444-OL (Seabrook Station, Units 1 and 2)

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(Off-Site EP)

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November 21, 1986

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ATTORNEY GENERAL FRANCIS X.

BELLOTTI'S RESPONSE AND OBJECTION TO MEMORANDUM AND ORDER OF NOVEMBER 4, 1986 AND MOTION FOR RECONSIDERATTON 1

In its Memorandum and Order of November 4, 1986, the Board directed the parties to submit proposed schedules for litigation of NHRERP contentions.

The Board also directed that parties file " late-filed" contentions arising out of Revision 2 of the NHRERP by December 1, 1986, and that any such I

contentions be " based solely on new material contained in Revision 2 of NHRERP."

Memorandum and Order, dated November 4, 1986, at p. 37.

Attorney General Bellotti moves that the Board i

. reconsider its Order in the following respects:

i 1.

The Attorney General moves that the Board' reconsider I

its position that any new contentions be based " solely upon the new material contained in Revision 2;" that, instead, the Board i

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also allow the submission of contentions that are based upon the material contained in Revision 2 that first appeared in Revision 1.

As basis therefor, the Attorney General would note that service of Revision 1 of the NHRERP was accompanied by a letter, dated June 3, 1986, from Richard H.

Strome of the New Hampshire Civil Defense Agency which stated that a comprehensive revision to the NHRERP, Revision 2, would be issued, probably in October, 1986, that would address deficiencies noted in the RAC review, the FEMA exercise report, and intervenors' contentions.

In light of that letter, which indicated that any contentions that might be filed on Revision 1 could likely be rendered moot, as well as FEMA's subsequent motion to continue the hearings, which indicated that FEMA intended to base its findings on the proposed Revision 2, see Motion by the Federal Emergency Management Agency for Continuation of Hearing on Emergency Planning Contention, the Attorney General, in an attempt not to squander his limited resources on what could prove to be a meaningless review, did not review or submit contentions on Revision 1.

If 1

this Board is to conduct a full and fair review of the NHRERP which in fact addresses the actual health and safety issues posed by that RERP, any new contentions must be allowed to address those issues raised by Revision 1 that are included in Revision 2.

The goal of protecting the public health and -

safety should not be sacrificed, by dismissing contentions that raise legitimate issues for hearing, merely because Applicants _ _ - _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _

l sought prematurely to litigate what proved to be an inadequate RERP, requiring, to date, four substantial revisions, and an inordinate amount of the parties' resources to review.

2.

The Attorney General further moves that this Board reconsider its requirement that contentions on Revision 2 be filed by December 1.

For those parties involved in the hearings on onsite issues, that leaves only two weeks to review the 31 volumes of Revision 2 and draft contentions thereon.1/

Many of the contentions that could be filed on Revision 2, such as ones dealing with the accuracy of ETES or the adequacy of compensatory plans, require at the threshold expert review or extensive factual documentation for identification of precise issues.

This is especially so in light of this Board's apparent practice of limiting contentions solely to the facts provided in their bases.

Such a detailed review as required to support contentions could not have been performed before the submission of Revision 2,2/ and two weeks is simply not a sufficient amount of time for performance of that task.

1/

Although the Board in its Memorandum and Order of November i

4, at pp. 38-39, suggested that this should not be an enormous task because "the basic plan had been served on the parties January 10, 1986" and "each addition op revision has been clearly marked," such revisions have indeed been extensive.

Moreover, one cannot look at such revisions in isolation when analyzing their adequacy, but must, rather, review such revisions within the context of the rest of the plan, thus requiring a re-review of the entire NHRERP.

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As stated above, it would have been a waste of the parties' resources to perform such a review on Revision 1 knowing it was to be comprehensively revised.

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j-L In light of the above Attorney General Bellotti requests.

that the Board establish the following hearing schedule:

January 16, 1987

- Contentions due January 30, 1987

- Parties other than staff respond to contentions February 6, 1987

- Staff responses to contentions February 24, 25, 1987

- Prehearing conference March 10, 1987

- Board ruling on_ contentions, discovery commences 1

April 30, 1987

- Discovery closed (last discovery l

request due) 4 May 14, 1987

- Answers to last interrogatories due May 28, 1987

- Deadline for motions for summary disposition June 18, 1987

- Responses opposing or supporting motions due June 29, 1987

- Responses to new facts and i

arguments in statements l-supporting motions for summary disposition by opposing parties if they so choose g

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July 13, 1987

- Board order ruling on motions for summary disposition I

August 17, 1987

- Prefiled testimony due September 15, 1987

- Hearings commence i

I Although the Attorney General understands that the Board expected the proposed schedu1~es to establish time frames shorter than those previously established, it is not realistic i

to do so in light of the substantial revisions to the NHRERP and the fact that this entire proceeding on the NHRERP was

essentially put on hold in July to await the submission of that Revision to the RERP, thereby stopping any work on already admitted contentions, including the development of testimony, for fear that such issues would be mooted by the later revision.

The above time frames are therefore necessary to allow the parties sufficient time to adequately review the plans, hire experts, and develop the issues for hearing.

This is especially so in view of the anticipated litigation of other issues in this proceeding expected to occur over the next several months.

Furthermore, the Attorney General moves that upon the issuance of the PID on on-site planning and safety issues, that this Board temporarily suspend any hearing schedule it may adopt in order to allow the parties sufficient time to file their appeals.

Respectfully submitted, FRANCIS X.

BELLOTTI j

Che S. Swclw By:

Carol S.

Sneider Assistant Attorney General Environmental Protection Division.

Department of the Attorney General i

One Ashburton Place, Room 1902 Boston, MA 02108 (617) 727-2265 i

Dated:

November 21, 1986 i

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00LKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION

'86 NOV 25 R2:32 In the Matter of

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0FFICE E ::

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00CKlittri. ~i W O.

PUBLIC SERVICE COMPANY OF NEW

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Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL.

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(Seabrook Station, Units 1 and 2)

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CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on November 21, 1986 I made service of the within documents by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk by express mail, to:

• Helen Hoyt, Chairperson

• Dr.

Emmeth A.

Luebke Atomic Safety & Licensing Board Atomic Safety & Licensing Board 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 Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814

• Dr. Jerry Harbour

• Sherwin E. Turk, Esq.

Atomic Safety & Licensing Board Office of the Executive Legal U.S.

Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 H. Joseph Flynn, Esq.

Stephen E.

Merrill, Esq.

Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee, Esq.

Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W.

25 Capitol Street Washington, DC 20472 Concord, NH 03301

I Docketing and Service Paul A.

Fritzsche, Esq.

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC.

20555 Augusta, ME 04333 Roberta C. Pevear Ms. Diana P.

Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S.

Nuclear Regulatory 116 Lowell Street Commission P.O.

Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S.

Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq.

J.

P.

Nadeau Matthew T.

Brock, Esq.

Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O.

Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E.

Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angelo Machiros, Chairman U.S.

Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack)

Newbury, MA 10950 Senator Gordon J. Humphrey Mr. Peter J.

Matthews 1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton)

Newburyport, MA 01950 Mr. Donald E.

Chick Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 r-y-

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Brentwood Board of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq.

Diane Curran, Esq.

Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General 2001 S Street, N.W.

State House Station #6 Washington, DC 20009 Augusta, ME 04333 Thomas G. Dignan, Esq.

Richard A. Hampe, Esq.

R.K. Gad III, Esq.

Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W.

McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Town of Brentwood Atomic Safety and L! censing Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Charles P. Graham, Esq.

Judith H. Mizner, Esq.

McKay, Murphy & Graham Old Post Office Square Silvergate, Gertner, Baker, Fine, Good & Mizner 100 Main Street 88 Broad Street Amesbury, MA 01913 Boston, MA 02110. -,

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~I Rep. Edward J. Markey, Chairman 1

U.S.. House of Representatives Subcommittee on Energy Conservation and Power Room H2-316 House Office Building Annex No. 2 Washington, DC 20515 Attn:

Linda Correia

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LL. 0

'.3.. x. s Carol S.

Sneider Assistant Attorney General i

Environmental Protection Division

-November 17, 1986 6..

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