ML20062F736

Response to Aslab Order of 901024.* No Issues Exist from Which Board May Conclude That Dec 1990 Exercise Will Moot Issues in Contentions Ref in 901024 Order.W/Certificate of Svc

ML20062F736
Person / Time
Site:	Seabrook
Issue date:	11/13/1990
From:	Greer L MASSACHUSETTS, COMMONWEALTH OF
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#490-11043 LBP-89-32, OL, NUDOCS 9011280142
Download: ML20062F736 (7)

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UNITED STATES OF AMERICA

'90 m)y 15 I? 54 before the ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges; G.

Paul Bollwerk, III, Chairman Alan S.

Rosenthal Howard A. Wilbur

)

In the Matter of

)

)

Docket Nos. 50-443-OL-PUBLIC SERVICE COMPANY

)

50-444-OL-t OF-NEW HAMPSHIRE, ET AL.

)

(Off-Site Emergency i

)

Planning and Safety Issues)

(Seabrook Station, Units 1 and 2)

)

)

RESPONSE TO THE APEEAL' BOARD'S ORDER OF OCTOBER 24, 119, In an order. dated October 24, 1990 the the Appeal Board

[

asked the Applicants and/or the NRC' Staff to advise it, L

of the extent, if any,.to which the planned scope of L

[the upcoming December 1990) exercise will take account of the concerns as:to the:scopetof the-June 1988 exercise set L

forth in the contentions.that (1)-were either' rejected by L

the Licensing Board at the threshold or decided:against;the

)

intervenor-sponsor (s) in LBP-89-32, 30 NRC 375 (1989); and L

(2) are now before us on appeal."

Acceal' Board Order at-1.

The stated purpose of that request was'to enable the Appeal Board-

[

to ascertain whether-the upcoming exercise might= moot the l

~ hallenges raiset in certain referenced contentions filed.by the.

c Inte rvenors.

Acceal Board Order at 2, Ftnte 1.

In their response the Applicants advised-the Board'that, "the scope and. extent of play of the scheduled exercise referenced above do not, except as to one minor' matter, 'take account' of the allegations set out in the referenced contentions."

Licensees' Resconse to the Aooeal Board of October 24. 1990 at 2.

9011280142 901113

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l' The. clear implication that response is that since the planned scope of the upcoming exercise does not, except as to one minor matter, "take account" of those contentions, the issues concerning those contentions that are on appeal before the Board will not be rendered moot.

The NRC Staff apparently concurred with the Applicants' response since NRC Staff's response dated November 5, 1990 states that the Staff reviewed the Applicants response and does not indicate any disagreement with the position of the Applicants.

Staff's Resoonse Letter at 2.

In their response the Staff then goes on to add that their position is that the upcoming exercise will be governed by FEMA Guidance Memorandum EX-3

(" FEMA GM EX-3").

Presumably, it is their position that the exercise will comply with the directives of that memorandum and will test the relevant objectives in. Groups A and B.

The Staff then goes on to note that included in the Group A and B objectives-are " matters referred to in the subject contentions.

See e.g. Mass AG EX-2, Bases B, C,

F, and G; TOH/NECNP EX-1;.SAPL EX-12."

(Footnote omitted)

Staff's Resoonse Letter at 2.

s In focusing on-the objectives to be tested, the Staff's response seems to beg the question posed by the Appeal Board.

It does not state the inclusion of Group A and B objectives in the December 1990 will moot the challenges before the Appeal Board.

It does not even state that those challenges may be mooted.- Rather, it simply states that the requisit objectives of Groups A and B will be tested.

However, the fact that certain objectives are to be tested says nothing about whether.

i the scope of the upcoming exercise will be broad enough to I

sufficiently test those objectives.

The. consistent position of the NRC Staff has been that-the June 1988 tested all relevant

' objectives in Groups A and B.

However, the challenges in uhe contentions before this Board raise the issue of whether exercise sufficient 1v tested the performance of the emergency 4

response organizations to demonstrate that the emergency plans-can be implemented.

The Staff's response that objectives in Groups A and B-are to tested does not address the issue of whether the scope of exercise will be broad enough to sufficiently test the performance of the emergency response organizations.

Therefore, one can not make any conclusions from the Staff's discussion of FEMA GM EX-3 objectives as to whether the upcoming exercise will moot the issues in the contentions before the Board.I/6 The NRC Staff indicates.in Footnote 3 of its response that Mass AG EX-2, Basis A appears to be moot because a VANS test conducted'in the spring of 1990.is apparently referenced.in a FEMA Notice of. Filing. stated October 30,: 1990.- Since:the Mass AG has-not yet received a copy that document, he can not comment.on its contents other than toJnote'it is not part of the record before the Board.

This-is not to say the Mass AG Contention EX-2, Basis A may not. ultimately oe rendered moot either through a performance by the actual VANS trucks in the upcoming' exercise as-suggested by the Applicants or by virtue of what may be contained in the FEMA notice.

U Therefore, on the basis of the Applicants'and NRC_ Staff's-responses there is nothing from which this Board may conclude

that the up coming exercise will moot the issues in the contentions referenced in_the Order of October 24, 1990.

Respectfully submitted, COMMONWEALTH OF MASSACHUSETTS JAMES M. SHANNON ATTORNEY GENERAL A s A. %

Leslie Greer Assistant Attorney General Department of the Attorney General One Ashburton Place-Boston, MA 02108-1698 (617) 727-2200 DATED:

November 13, 1990 19S8n. :

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Before Administt'ative Judges:

G.

Paul Bollwerk III, Chairman Alan S.

Rosenthal Howard A. Wilber

)

In-the Matter of

)

Docket Nos. 50-443-OL

)

50-444-OL PUBLIC SERVICE COMPANY

)

OF NEW HAMPSHIRE, ET E..

)

)

,Seabrook Stt an, Units 1 and 2)

)

November 13, 1990

)

CERTIFICATE OF SERVICE

-I, Leslie Greer, hereby certify that on November 13, 1990, I made! service of the enclosed RESPONSE OF THE APPEAL BOARD'S ORDER OF-OCTOBER 24, 1990 by telefax as indicated by (*) and by-first-Jclass-mail =to:

Ivan W.LSmith, Chairman Kenneth A. McCollom

' Atomic; Safety & LicensingfBoard 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 g

l

~~

• Docketing and Service

• Thomas G. Dignan, Jr.1/

U.S.

Nuclear Regulatory Commission Ropes & Gray Washington, DC 20555 One International Place Boston, MA 02110

• Elaine Chan Mitzi A.

Young, Esq.

Philip Ahrens, Esq.

Edwin J.

Reis, Esq.

Assistant Attorney General U.S.

Nuclear Regult ory Commission Department of the Attorney General Office of the General Counsel Augusta, ME 04333 11555 Rockville Pike, 15th Floor Rockville, MD 20852 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 Diane Curran, Esq.

Seacoast Anti-Pollution League Harmon, Curran & Towsley Five Market Street Suite 430 Portsmouth, NH 03801 2001 S Street, N.N.

Washington, DC 20008 Barbara St. Andre, Esq.

Judith Mizner, Ecq.

Kopelman & Paige, P.C.

79 State Street 77 Franklin Street Second Floor 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 Newburyport, MA 01950 Newburyport, MA 01950 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)

Senator Gordon J.

Humphrey John P.

Arnold, Attorney General One Eagle Square, Suite 507 Of fice of the Attorney Ger. oral

' Concord, NH 03301 25 Capitol Street (Attn:

Herb Boynton)

Concord, NH 03301 1/

Hand delivery was made on November 14, 1990 by 10:00am Paul McEachern, Esq.

Shaines & McEachern

.25 Maplewood Avenue, Portsmouth, NH 03801

• G.

Paul Bollwerk, Chairman

• Alan S.

Rosenthal Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board, 5th FL.

Appeal Board, 5th FL.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Bethesda, MD 20814 Bethesda, MD 20814

• Howard A. Wilber Jack Dolan Atomic Safety & Licensing Federal Emergency Management Agency Appeal Board, 5th FL.

Region i U.S. Nuclear Regulatory Commission J.W. McCormack Post Office &

Bethesda, MD 20814 Courthouse Building, Room 442 Boston, MA 02109

-George Iverson, Director N.H. Office of Emergency Management i

State House Office Park South

~

107 Pleasant Street Concord, NH. 03301 Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL x: x, c' ~ d, Leslie Greer Assistant Attorney General Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-2200 t

Dated:' November 13, 1990

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