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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20039B5361981-12-16016 December 1981 Response to ASLB 811210 Order.Lists Preconst Activities Taken at Proposed Site.Certificate of Svc Encl ML20058M0481981-11-16016 November 1981 Order Granting Partial Initial Decision Vacated on Ground of Mootness ML20011A6091981-10-23023 October 1981 Motion for ASLB Order Allowing Withdrawal of Application & Terminating Adjudicatory Proceeding Before Aslb. Certificate of Svc Encl ML20010H2851981-09-14014 September 1981 Detailed Statement of Commonwealth of Ma TMI-related Contentions.Certificate of Svc Encl.Related Correspondence ML20010H2401981-09-14014 September 1981 Confirms That ASLB Need Not Rule on Motion for Protective Order Re Commonwealth of Ma 810814 Notice of Deposition. Applicant Production of Documents Obviates Need for Deposition.Certificate of Svc Encl.Related Correspondence ML20010H2431981-09-14014 September 1981 Motion to Compel Answers to First Set of Interrogatories Directed to Util Re TMI Issues.Certificate of Svc Encl. Related Correspondence ML20010H2831981-09-14014 September 1981 Conditional Notice of Withdrawal of Listed Portions of 810821 Emergency Planning Contentions.Withdrawal Conditional on Incorporation of Revised Evaucation Study in Psar.W/ Certificate of Svc.Related Correspondence ML20005B8851981-09-0909 September 1981 Errata Sheet to Commonwealth of Ma 810824 Request for Clarification/Motions for Extension of Time for Filing Direct Testimony on Emergency Planning & Ruling Re Rebuttal Testimony.Certificate of Svc Encl.Related Correspondence ML20010G5081981-09-0808 September 1981 Response to Commonwealth of Ma First Set of Document Requests Re TMI Issues.Certificate of Svc Encl ML20005B9081981-09-0202 September 1981 Suppl to Commonwealth of Ma 810824 Motion to Extend Time for Filing Direct Testimony on Emergency Planning.Addl Listed Events,Which Occurred Since Motion Filed,Lend Support to Motion.Certificate of Svc Encl ML20005B9251981-09-0101 September 1981 Response to NRC First Set of Interrogatories Directed to Commonwealth of Ma.Certificate of Svc Encl.Related Correspondence ML20005B9331981-08-28028 August 1981 Supplemental Response to First Set of Interrogatories Re Emergency Planning in Compliance W/Aslb 810820 Ruling on Discovery.Certificate of Svc Encl.Related Correspondence ML20005B9301981-08-28028 August 1981 Response to First Set of Interrogatories Re TMI Issues, App B to NUREG-0718.Related Correspondence ML20010C9041981-08-17017 August 1981 Responses to Applicants' Interrogatories Re Emergency Planning & TMI-2 Related Issues.Prof Qualifications & Certificate of Svc Encl.Related Correspondence ML20010D1631981-08-17017 August 1981 Request for Prehearing Conference to Be Held on 810901 & for Rescheduling of Argument on Exceptions to Partial Initial Decision.Certificate of Svc Encl ML20010D1721981-08-14014 August 1981 Response to Commonwealth of Ma Second Set of Interrogatories Re Emergency Planning.Protective Order Re Production & Identification of Repts Prepared by Hmm Associates Should Be Granted.Certificate of Svc Encl.Related Correspondence ML20010C8401981-08-14014 August 1981 Notice of 810904 Depositions of Rh Cunningham,Rj Merlino & Util Employee W/Described Knowledge.Existence,Methodology & Results of Studies Re 10 & 30-mile Evacuation Radius to Be Addressed.W/Certificate of Svc.Related Correspondence ML20010C8451981-08-14014 August 1981 Notice of 810902 Deposition of Persons Designated by NRC to Have Knowledge of Methodology & Results of Analysis of Accident Consequences & Feasibility of Protective Actions. W/Certificate of Svc.Related Correspondence ML20010C8521981-08-14014 August 1981 Motion for Order to Compel Production of Documents Per Commonwealth of Ma 810701 First Set of Requests.Util Response Inconsistent W/Proper Purpose & Scope of Discovery. Certificate of Svc Encl.Related Correspondence ML20010C5951981-08-14014 August 1981 Request for Production of Documents Directed to NRC Re TMI-2.Certificate of Svc Encl.Related Correspondence ML20010C5801981-08-14014 August 1981 Interrogatories Directed to NRC Re Emergency Planning & TMI-2 Related Issues.Related Correspondence ML20010C4411981-08-12012 August 1981 Motion Requesting That Scheduled Aslab 810901 Oral Argument & ASLB 810901 Prehearing Conference Not Be Held on Same Day. Certificate of Svc Encl ML20010C2911981-08-10010 August 1981 Answer in Opposition to Applicant 810804 Motion for Protective Order.Applicant Arguments Are Absurd & Indicative of Lack of Concern for Public Safety.Certificate of Svc Encl ML20010C2981981-08-10010 August 1981 Motion to Reconsider ASLB 810803 Denial of State of Il 810715 Motion to Modify Prehearing Conference Order.Stated Grounds for Denial Are Inaccurate.Certificate of Svc Encl ML20010B2031981-08-0505 August 1981 Second Set of Requests for Production of Documents Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010B3071981-08-0505 August 1981 Second Set of Interrogatories Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010A8951981-08-0404 August 1981 Motion for Protective Order & Answer to Commonwealth of Ma Motion to Compel.Motion Should Be Denied.Certificate of Svc Encl.Related Correspondence ML20010A8841981-08-0404 August 1981 Motion to Amend ASLB 810702 Prehearing Conference Order, Changing Commencement Date of Hearing on Emergency Planning Issues from 811009 to 13.Applicant Counsel Has Prior Engagement.Certificate of Svc Encl ML20010A8861981-08-0404 August 1981 Second Set of Interrogatories Directed to Util Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010A8881981-08-0404 August 1981 Second Set of Requests for Production of Documents Directed to Util Re Emergency Planning.Certificate of Svc Encl. Related Correspondence ML20010A8811981-08-0404 August 1981 Response to Commonwealth of Ma Request for Production of Documents (First Set).Objects to Certain Requests as Overly Broad & Burdensome.Certificate of Svc Encl.Related Correspondence ML20009F8361981-07-27027 July 1981 Interrogatories Directed to Commonwealth of Ma Re Emergency Planning & TMI-related Issues.Certificate of Svc Encl. Related Correspondence ML20009F8511981-07-24024 July 1981 Application for Subpoena Directed to Argonne National Computer Ctr to Produce Any Software or Document Containing or Describing Mod or Improvement to Crac Code Since Development.Certificate of Svc Encl ML20009F8481981-07-24024 July 1981 Answer Opposing NRC 810710 & 15 Motions for Protective Order.Nrc Misperceived & Mischaracterized Nature of Questions.Commonwealth of Ma Is Requesting NRC Position on Issues,Not Info on Issues ML20009F8451981-07-24024 July 1981 Motion to Compel Answers to Commonwealth of Ma First Set of Interrogatories Directed to Util Re Emergency Planning. Interrogatories Are Relevant to Contentions.Certificate of Svc Encl ML20005B9541981-07-20020 July 1981 Response to Commonwealth of Ma First Set of Interrogatories Re Emergency Planning.Prof Qualifications & Certificate of Svc Encl.Related Correspondence ML20009D0721981-07-15015 July 1981 Motion to Modify Prehearing Conference Order.Order Should Reflect Commonwealth Objection to Proceed W/Conference W/O Court Reporter,Request for 2-month Discovery Period & Request to Change Date to 810831.W/Certificate of Svc ML20005B4011981-07-0101 July 1981 First Set of Requests for Documents Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B4001981-07-0101 July 1981 First Set of Interrogatories Directed to Applicant Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B3981981-07-0101 July 1981 First Set of Interrogatories Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B3791981-07-0101 July 1981 First Set of Requests for Production of Documents Re Emergency Planning Directed to Util.Certificate of Svc Encl.Related Correspondence ML20005A4071981-06-17017 June 1981 Answer of a & M Cleeton Supporting Applicant Motion for Order Scheduling Further Proceedings Re Emergency Planning. Certificate of Svc Encl ML20005A4361981-06-17017 June 1981 Brief in Opposition to Exceptions Taken by Intervenors Ma Wildlife Federation,Commonwealth of Ma & AR & MW Cleeton Re ASLB 810202 Partial Initial decision,LBP-81-3.Certificate of Svc Encl ML20126M3831981-06-0909 June 1981 Answer Supporting Applicant Motion for Order Scheduling Proceedings on Emergency Planning,W/Suggested Revisions to Proposed Schedule.First Prehearing Conference & Opening of Discovery Would Be on 810622.W/Certificate of Svc ML20004E7901981-06-0404 June 1981 Motion for Order Scheduling Further Proceedings on Emergency Planning as Listed.First Prehearing Conference & Opening of Discovery Should Be on 810622,w/discovery Closing on 810722.Certificate of Svc Encl ML20004B6071981-05-21021 May 1981 Brief Supporting Exceptions to ASLB Partial Initial Decision Findings of Fact & Conclusions of Law on All Matters Except Emergency Planning & TMI-2 Related Issues.Constitutionality of Regulation Should Be Decided.Certificate of Svc Encl ML20004B6051981-05-21021 May 1981 Motion for Leave to File Brief in Support of Exceptions Out of time.Two-day Delay Was Caused by Sudden Illness of Secretary.Certificate of Svc Encl ML20004B6941981-05-19019 May 1981 Exceptions to ASLB Partial Initial Decision.Aslb Erred in Considering Benefits Vs Costs Before Evidentiary Hearings on Emergency Planning & TMI-2 Issues.Certificate of Svc Encl ML20004B6481981-05-19019 May 1981 Brief in Support of Exceptions 1,2 & 6 to ASLB 810202 Partial Initial Decisions.Decision Should Be Reversed & Matter Remanded for Further Considerations of Class 9 Accidents.Certificate of Svc Encl ML20003D2731981-03-12012 March 1981 Joint Motion for Consolidation of Date for Filing Briefs & Extension Until 810519 to File Briefs.Good Cause for Commonwealth of Ma Is Necessity for Thorough Review,Counsel Illness & Litigation Obligations.Certificate of Svc Encl 1981-09-09
[Table view] Category:PLEADINGS
MONTHYEARML20011A6091981-10-23023 October 1981 Motion for ASLB Order Allowing Withdrawal of Application & Terminating Adjudicatory Proceeding Before Aslb. Certificate of Svc Encl ML20010H2431981-09-14014 September 1981 Motion to Compel Answers to First Set of Interrogatories Directed to Util Re TMI Issues.Certificate of Svc Encl. Related Correspondence ML20005B8851981-09-0909 September 1981 Errata Sheet to Commonwealth of Ma 810824 Request for Clarification/Motions for Extension of Time for Filing Direct Testimony on Emergency Planning & Ruling Re Rebuttal Testimony.Certificate of Svc Encl.Related Correspondence ML20005B9081981-09-0202 September 1981 Suppl to Commonwealth of Ma 810824 Motion to Extend Time for Filing Direct Testimony on Emergency Planning.Addl Listed Events,Which Occurred Since Motion Filed,Lend Support to Motion.Certificate of Svc Encl ML20010D1631981-08-17017 August 1981 Request for Prehearing Conference to Be Held on 810901 & for Rescheduling of Argument on Exceptions to Partial Initial Decision.Certificate of Svc Encl ML20010C8521981-08-14014 August 1981 Motion for Order to Compel Production of Documents Per Commonwealth of Ma 810701 First Set of Requests.Util Response Inconsistent W/Proper Purpose & Scope of Discovery. Certificate of Svc Encl.Related Correspondence ML20010C4411981-08-12012 August 1981 Motion Requesting That Scheduled Aslab 810901 Oral Argument & ASLB 810901 Prehearing Conference Not Be Held on Same Day. Certificate of Svc Encl ML20010C2911981-08-10010 August 1981 Answer in Opposition to Applicant 810804 Motion for Protective Order.Applicant Arguments Are Absurd & Indicative of Lack of Concern for Public Safety.Certificate of Svc Encl ML20010C2981981-08-10010 August 1981 Motion to Reconsider ASLB 810803 Denial of State of Il 810715 Motion to Modify Prehearing Conference Order.Stated Grounds for Denial Are Inaccurate.Certificate of Svc Encl ML20010A8951981-08-0404 August 1981 Motion for Protective Order & Answer to Commonwealth of Ma Motion to Compel.Motion Should Be Denied.Certificate of Svc Encl.Related Correspondence ML20010A8841981-08-0404 August 1981 Motion to Amend ASLB 810702 Prehearing Conference Order, Changing Commencement Date of Hearing on Emergency Planning Issues from 811009 to 13.Applicant Counsel Has Prior Engagement.Certificate of Svc Encl ML20009F8481981-07-24024 July 1981 Answer Opposing NRC 810710 & 15 Motions for Protective Order.Nrc Misperceived & Mischaracterized Nature of Questions.Commonwealth of Ma Is Requesting NRC Position on Issues,Not Info on Issues ML20009F8451981-07-24024 July 1981 Motion to Compel Answers to Commonwealth of Ma First Set of Interrogatories Directed to Util Re Emergency Planning. Interrogatories Are Relevant to Contentions.Certificate of Svc Encl ML20009D0721981-07-15015 July 1981 Motion to Modify Prehearing Conference Order.Order Should Reflect Commonwealth Objection to Proceed W/Conference W/O Court Reporter,Request for 2-month Discovery Period & Request to Change Date to 810831.W/Certificate of Svc ML20005A4071981-06-17017 June 1981 Answer of a & M Cleeton Supporting Applicant Motion for Order Scheduling Further Proceedings Re Emergency Planning. Certificate of Svc Encl ML20126M3831981-06-0909 June 1981 Answer Supporting Applicant Motion for Order Scheduling Proceedings on Emergency Planning,W/Suggested Revisions to Proposed Schedule.First Prehearing Conference & Opening of Discovery Would Be on 810622.W/Certificate of Svc ML20004E7901981-06-0404 June 1981 Motion for Order Scheduling Further Proceedings on Emergency Planning as Listed.First Prehearing Conference & Opening of Discovery Should Be on 810622,w/discovery Closing on 810722.Certificate of Svc Encl ML20004B6051981-05-21021 May 1981 Motion for Leave to File Brief in Support of Exceptions Out of time.Two-day Delay Was Caused by Sudden Illness of Secretary.Certificate of Svc Encl ML20004B6941981-05-19019 May 1981 Exceptions to ASLB Partial Initial Decision.Aslb Erred in Considering Benefits Vs Costs Before Evidentiary Hearings on Emergency Planning & TMI-2 Issues.Certificate of Svc Encl ML20003D2731981-03-12012 March 1981 Joint Motion for Consolidation of Date for Filing Briefs & Extension Until 810519 to File Briefs.Good Cause for Commonwealth of Ma Is Necessity for Thorough Review,Counsel Illness & Litigation Obligations.Certificate of Svc Encl ML20003D1861981-03-0505 March 1981 Request for Order Setting Time Period for Filing Brief in Opposition to Exceptions to Partial Initial Decision.Date Should Run from Filing of Last Brief in Support of Exceptions.Granted for ASLAB,810309 ML20003D2181981-03-0505 March 1981 Request for Order That Time Frame for Applicants to File Brief Opposing Exceptions from Partial Initial Decision Will Run from Date Last Supporting Brief Was Filed.One Brief Will Respond to All Exceptions.W/Certificate of Svc ML19350A2901981-03-0202 March 1981 Response to ASLB 810219 Order,Notifying ASLB That Applicant Can Be Ready to Proceed W/Remaining Emergency Planning Hearings After NRC Files Ser.Certificate of Svc Encl ML19341D4681981-02-25025 February 1981 Appeal & Exceptions to ASLB 810202 Partial Initial Decision. ASLB Erred in Considering Benefits Vs Costs Before Evidentiary Hearing & in Not Determining Effect of Unsolved Generic Matters on CP Issuance.W/Certificate of Svc ML20003C1231981-02-18018 February 1981 Appeal & Exception to ASLB 810202 Partial Initial Decision. Board Erred in Concluding Suitability of Site from Geographic & Population Viewpoints & That Population Density Is within Established Guidelines.Certificate of Svc Encl ML20003C3251981-02-18018 February 1981 Exceptions to Partial Initial Decision & ASLB 780714 Order. Exceptions:Aslb Denied Petitioner Opportunity to Litigate Cost/Benefit Analysis & Requirement to Install Addl Radwaste Filtration & Containment Sys.Certificate of Svc Encl ML19338E1861980-09-18018 September 1980 Response Stating No Objection W/O Concurring in State of Ma Motion to Suppl Hearing Record on Need for Power Re Energy & Peak Demand Forecasts.Reserves Right to Oppose Future Attempts to Reopen Record.Certificate of Svc Encl ML19332A0351980-09-0303 September 1980 Motion to Include Latest Util 10-yr Energy & Peak Demand Forecasts in 790718 Hearings Re Need for Power.Urges Opportunity to Suppl Findings of Fact by All Parties Re Decline in Growth Rates.Certificate of Svc Encl ML19296B9811980-02-0909 February 1980 Statement in Response to ASLB 800117 Order Requesting Views Re Whether Emergency Planning Is Proper Issue in Proceeding. Urges Dismissal of Issue Due to Development of Present Emergency Planning Rulemaking ML19294B7241980-02-0707 February 1980 Statement in Response to ASLB 800117 Order Re Emergency Planning as Proper Issue in Proceeding.Issue Must Be Litigated Prior to CP Issuance.Psar & NRC Safety Evaluation Must Be Issued Prior to Hearing.Certificate of Svc Encl ML19305B0361980-02-0101 February 1980 Response to ASLB 800118 Order Requesting Statements Re Emergency Planning.Issue Must Include Boston,Providence, Cape Cod & Franklin,Ma Metropolitan Areas.Urges Transport of Spent Fuel by Barge to Sc.Certificate of Svc Encl ML19211A8081979-12-0505 December 1979 Reply in Opposition to Intervenor State of Ma 791105 Proposed Findings of Fact & Conclusions of Law.Number of Conceptual Legal & Factual Errors Prevade Certain Findings on Applicant Financial Qualifications & Other Issues ML19253C9271979-11-30030 November 1979 Objects to ASLB 780714 Order in Lieu of Requests for Findings of Fact & Conclusions of Law.Application of App 1 to Proceeding Violates Procedural & Substantive Rights. Certificate of Svc Encl ML19256E1821979-09-26026 September 1979 Response to NRC Motion to Defer Emergency Planning Issue. Supports Part of Motion Requesting Establishment of Schedule for Filing Proposed Findings Re Completed Issues ML19254F2211979-09-25025 September 1979 Memorandum in Opposition to Dismissal of Commonwealth of Ma Emergency Planning Contention Addressed During 790910 Conference Telcon.Urges ASLB Defer Next Hearings Until New Regulations Issued.Certificate of Svc Encl ML19209B2131979-08-24024 August 1979 Application for Subpoenas to Be Issued to Ma Dept of Public Health & to Ma Civil Defense Agency & Ofc of Emergency Preparedness for Attendance at 791001 Hearings on Util CP Application.Ltr Re Facility Monitoring Sys Agreement Encl ML19209B8851979-07-27027 July 1979 Motion to Defer Evidentiary Hearings on Emergency Planning & Class 9 Accidents,Scheduled to Begin on 790827.Concerned That Topics of Hearings Will Be Given Only Superficial Attention.Certificate of Svc Encl ML19208D6121979-07-27027 July 1979 Motion for Extension Until 790907 to File J Beyea Written Testimony & to Schedule Witness Appearance on or After 790921.J Beyea,Nuclear Physicist at Princeton Univ,Is Presently Committed to Finish Study on TMI-2 Accident ML19207B9651979-07-16016 July 1979 Motion to Schedule Testimony of Weiner,Legrow,Bourcier & Bartsow of Boston Edison & Chernick & Geller of Commonwealth of Ma.Date Should Be No Sooner than 790723. Certificate of Svc Encl ML19246C3691979-06-29029 June 1979 Second Motion Submitted by Util That ASLB Take Official Notice of Certain State Statutes,Court Decisions & Documents from States of Vt,Nh,Ri & Ct.Certificate of Svc Encl ML19256B4821979-06-26026 June 1979 Boston Edison Motion for Protective Orders & Objections to Commonwealth of Ma Interrogatories 33,34,35(d) & 39-41 Re Need for Power Issue ML19246C0021979-06-22022 June 1979 Boston Edison Motion for Extension Until 790709 to Answer Commonwealth of Ma Interrogatories Re Need for Power Issue ML19246C0211979-06-11011 June 1979 Boston Edison Motion to Take Official Notice of Certain State Statutes Court Decisions of Nh,Ct,Vt & Ri.Certificate of Svc Encl ML19225A3081979-06-0808 June 1979 Boston Edison Memo in Support of Admission of Expert Opinion Evidence in Proceeding ML19225A2951979-06-0707 June 1979 Commonwealth of Ma Objections to Admission of Boston Edison 780802 Legal Opinions During 790611 Hearing.Certificate of Svc Encl ML19246B8671979-06-0707 June 1979 Commonwealth of Ma Interrogatories Directed to NRC Re Need for Power Issue.Certificate of Svc Encl ML19246B0341979-06-0101 June 1979 Ma Governor Ofc of Energy Resources Support of 790524 Petition to Participate as Interested State Agency Or,In Alternative,To Make Limited Appearance.Certificate of Svc Encl ML19225A1001979-06-0101 June 1979 Response of Intervenor Cleetons in Opposition to Ma Ofc of Energy Resources 790524 Petition for Leave to Participate as Interested State Agency.Certificate of Svc Encl ML19224D2241979-06-0101 June 1979 Commonwealth of Ma Response to Ma Governor Ofc of Energy Resources Petition to Participate as Interested State Agency in Proceeding.Expresses Some Remarks,But Does Not Object Participation.Certificate of Svc Encl ML19246B6871979-06-0101 June 1979 Boston Edison Response to Ma Ofc of Energy Resources 790523 Petition to Participate as Interested State Agency. Petitioners Participation Is Encouraged & Appropriate as Matter of Policy.Certificate of Svc Encl 1981-09-09
[Table view] |
Text
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= ~ THIS DOCUMENT CONTAINS o To A POOR QUALITY PAGES ,
cesTE:
UNITED STATES OF AMERICA [ '
NUCLEAR REGULATORY COMMISSION -
- SEP -8 m > rr -
~ Off.ce of15.s Sacretary BEFORE THE ATOMIC SAFE'"Y AND LICENSING 30A Exteing & service '
E:nach 4 0 In the Matter of )
)
30STON EDISON COMPANY ) -
' Docket No. 50-471
) -
(Pilgrim Nuclear Generating )
Station, Unit 2) )
f 08D i
MOTION OF THE COMMONWEALTH OF MASS CHUSETTS TO SUPPLEMENT THE HEARING RECORD ON THE ISSUE OF NEED FOR POWER The Cecmonwealth of Massachusetts, an intervenor in the above-captioned proceeding, hereby moves thati the hearing record on the issue of need for power be supplemented by inclu-sion of the latest ten year forecasts by Boston Edison Company and NEPCOL. In support of its motion, the Commonwealth states the foIlowing:
- 1. On July 18, 1979, during hearings held before this Soard on the issue of need for power, the Applicant introduced as its Exhibit 20A a document entitled "NEPOOL Forecast for New l England, 1979-1989"; as Exhibit 20B a document entitled "A Report of the NEPCOL Load Forecasting Task Force on the NEPCOL Model-Based Forecast of New England Electricity and Energy and Pea % Lead, 1979-1989"; and as Exhibir 20C a document entitled
""ew. En' gland Load and Capacity Report, 1973-1989" [collec-tite'y,
_ the "1979 NEPCOL Forecast"). TR. 10,740. Said S
U 091008cli 9
Sof j
. ?
f forecast predicted long-term growth rates of 3.95% for electric
. energy output and 3.81% for peak' load.
- 2. On March 14,'1980, NEPOOL updated the above-mentioned forecast in a supplemental report entitled "NEPOOL Forecast for New England -
1980-1995" -[the "1980 NEPOOL fo' recast"]. Said i
supplement si'gnificantly reduces the earlier long-term growth projections, from 3.95% to 2.66% for electric energy output and f rom 3.81% to 2.1% for peak load.
- 3. In addition, the 1979 NEPOOL Forecast predicted that 1989 elec tric energy output would be 135,317 gigawatthours (GWH), while the 1980 NEPOOL forecast lowers this value 20.7%,
to 107,300 GWH. Similarily, the 1979 NEPOOL forecast for 1989 peak demand has been lowered from 24,120 Megawatts (MW) to 20,040 MW, a 4080 MW reduction that is more than three and a half times the' rated capacity of the Pilgrim 2 unit.
- 4. Finally, the 1979 NEPOOL Forecast for 1989 peak icad (24120 MW) is approximately the same as the 1980 NEPCOL Fore-cast for 1995 peak load (24170 MW); in effect, NEPOOL has pushed back its peak load growth forecast by six years. The situation is even more extreme for electric energy output: the 1980 MEPOOL forecast for 1995 (127,750 GWH) is less than the i
j 1979 NEPOOL Forecast for 1987 (127,840 GWH), representing an i
j .eight year lag in projected energy grow-h.
-5. - On May 15, 1979, in response to this Board's Order of May 9, 1979, the Applicant submitted ' to all parties -and the Board copies of " Boston Edison Company Long-Range Forecast of
- , - ------,w, - v , - ., w p .
r-
f Electric Pcwer Needs and Requirements,- nnual Supplement 1-C, 1979-1983, Volumes I and II, April 1, 1979" (the "1979 BECO Forecast"). This forecast predicted a 3.1% annual grcwth rate in electrical energy requirements and a. 3,2% annual growth rate in peak demand for the ten year period coverid by the forecast.
See also TR. 10,766.
- 6. On May 1, 1980 the Applicant updated the 1979 BECO v.
Forecast in a report entitled " Boston Edison ' Company Long-Range Forecast of Electric Power Needs and Requ'irements, Annual Sup-plement 1-0, 1980-89; May 1, 1980" (the "1980 BECO Forecast").
The 1980 BECO Forecast reduces the earlier forecast from 3.1%
to 1. 9 %, f or annual growth rate in electrical energy require-ments and from 3.2% to 2.38% for annual growth rate in peak demand.
- 7. In addition, the 1979 BECO Forecast for 1990 (the last year projected in both the 1979 and 1980 forecasts) was for 13,525'GWH in energy requirements, which has been revised down-ward to 11,916 GWH in the 1980 BECO Forecast. Similarly, the 1979 BECO Forecast anticipated a 1990 peak demand of 2973 MW, while the 1980 BECO Forecast predicts only 2596 MW peak demand in 1990. Indeed, the 1979 3ECO Icrecast predicted a 2596 57 demand 1986; the 1980 SECO Forecast, therefore, peak in indicates that Boston Edison's growth predictions have fallen off four years.
- 8. Sorh the 1979 NEPCCL and 1979 3ECO forecasts were v.g .
relied upon by the Applicant in making its cases that there is
'a need for an additional nuclear power reacror in Plymouth.
- me -
ne ,
r .
Inclusion in the record of the latest BECO and NEPCOL forecasts is therefore necessary for accuracy, as well as to demonstrate o
th6 continued downward drift of ant!.cipated growth rates.
- 9. The parties to a construction permit proceeding are obliged to keep the Licensing Board informed of new develop-to those issues over which the board has ments pertaining jurisdiction: ..
In~ all future proceedings, parties must inform the presiding board and other parties of new informa-tion which is relevant and material to the matters being adjudicated . . . .
If the presiding board and other parties are not the informed in a timely manner of such changes, inescapable result will be that- reasoned decision-4 making would suffer. Indeed, the adjudication could become meaningless, for adjudicatory boards will be passing upon evidence that would not accurately reflect existing facts. The disclosure requirement we impose is not the product of any overly procedural formalism on our part - it goes to the very heart of the adjudicatory process. Its sacrifice for the sake of expediency cannot be justified and will not be tolerated. Duke Power Comoany (William B. McGuire Nuclear Station 1 and 2) , ALAB-143, 6 AEC 6 23, 25-26 (1973) .1/ , Units The Commonwealth has refrained from bringing the 1980 BECO and NE? COL forecasts to the attention of this Board in the expecta-I tion that either the Staf f or the Applicant would do so. Since such notification has not been forthcoming, however, the 1/ Set also Vircinia Electric and Power Comoany (North Anna ,
ALAB-538, NRC 419 Nuclear Power 5 :a t :.cn , Units 1 anc 2) , 9
('.97 9 ) ; Vircinia Electric and Power Comoany (North Anna Nuclear Power Station, Unt s 1 and 2) , CLI-76-22, 4 NRC 480, 491 (1976);
cf. Public Service Comoanv of New Hamoshire (Seabrook Station, Units 1 and 2) , ALAB-513, 3_NRC 694 (1978) (where " finality" has attached by virtue of the issuance of a licensing board deci- ,
sien, jurisdiction does not exist to reopen the proceedings for l i
further. censideration of an issue) .
)
\
/
g
-, -- - , - - - ..-,c - , , , . - - c -%..,v. --
- , - -- < - . - -.+e --
the compelled to ask by ' this motion . that Conmonwealth is now necessary documents be made part of the hearing record in the manner more fully described below.
- 10. In opposing earlier requests by the Commonwealth to newly obtained evidence supplement the hearing record with its contentions, the Applicant has pertaining to one or more of d characterized .said requests as motions to reopen- the record an the sandard set forth has insisted that they be weighed against Nuclear Power Corocration in cases such as Vermont Yankee 6 AEC 520, (Vermont Yankee Nuclear Pcwer Station), ALABI138, 23-24 (1973).
In anticipation that the Applicant will raise the instant motion, the Commonwealth similar obj ections to states as follows:
- a. Given the limited nature of the Commonwe alth' s
' request (i .e . , that the record be updated to reflect NEPOOL growth in- BECO and the larest revisions f orecasts) , it is f ar more appropriate to characterize rather than reopening the this action as supplementing term implying a full procedural record, the latter testimony, cross-examina-undertaking with pre-filed rion, etc.
supplementing
- b. There is ample precedent for the re-opening) of an administrative
-(as opposed to record. Indeed, after close of the c'ecord in these submitted further testimony on proceedings the Staff
. . . . . . . . . .- --- - --... " 2 .TT. ~'"'~' -
. . l 1
' ~
the issue of theft and sabotage pursuant to a request styled Motien to Admit Supplemental Testimony (January 17, 1980).
t
- c. To the extent that the instant motion might be treated as a request to reopen the record, the stand-l ard to be applied is that not suggested by the Appli-cant. As the Staff noted -in supeorting an earlier Commonwealth motion to supplement the record, "where an. initial decision has not been rendered on an impor-tant- environmental issue, the record should be i
reopened to receive updated testimony if 'there is good reason to believe that there may have been an 1
s appreciable - and material change in the factual situa-T tion'. Commonwe al th Edison Comoany (LaSalle County f
Nuclear Station, Units 1.and 2) , ALAB-153, 6 AEC 821,
, ' 824- (19 7 3 ) . " ' Staff Response in Support of Second Motion of the Commonwealth of Massachusetts to Supple-ment the Hearing Record .on the Need for Power Issue, pg. 2. ("S taf f ' Response"] . Here, the predicted growth' 4
rates .have ' f eelined significantly, as demonstrated by
- the latese 3ECO and NE?OOL forecasts. Even if one were to argue -:ha: declining growth in demand would~
not in' itself Obviate the need for Pilgrim II, it at the - very leas: woulf suggest a significant change in the ' time > frame: 'for bringing the unit on line, a O g e
- y , .v, , .--p. g-. ,_-.4,,,.s,. - *,..-,,..,-.,,n 39
material change that should be considered by the Board in rendering its initial decision. See generally Staff Response, pp.2-3. The Applicant and the Staff have relied on the BECO and NEPOOL forecasts, as updated through 1979, in their direct testimony. With the 1980 revisions now available,' there is no reason why they should not be incorporated into the record.
WHEREFORE, the Commonwealth of Massachusetts .hereby moves that this Board order the Applicant to submit a ' exhibits in the above-captioned proceeding the 1980 updates of the BECO and NEPOOL energy and peak demand forecasts, and further to allow all parties reasonable opportunity to supplement their proposed finding of fact with reference to these latest figures and the decline in growth rates they indicate.
Respectfully submitted, COMMONWEALTH OF MASSACHUSETTS By: FRANCIS X. BELLOTTI ATTORNEY GENERAL
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FRANCIS'5. WRIGH U Assistant Attorney General Environmental Protection Division Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265 Dated at Boston: September 3,1980 l - - - -
UNITED STATES OF AMERICA # 4 NUCLEAR REGULATORY COMMISSION m;g7sc g Ur"^
, BEFORE THE ATOMIC SAFETY AND LICENSING . Rggp g g p -.
Office of the SamtEr 7., k:!.gits & Se*
In the Matter of: )
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BOSTON EDISON COMPANY, et al. )
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(Pf.lgrim Nuclear Generating ) Docket No. 50-471 Station, Unit 2) )
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CERTIFICATE OF SERVICE I, FRANCIS S. WRIGHT, hereby certify that the foregoing
" Motion of the Commonwealth of Massachusetts to Supplement the Hearing Record on the Issue of Need for Power" have been served on the following this 3rd day of September 1980 by depositing copies thereof in the United States Mail, f i r r *. class postage prepaid:
ANDREW C. GOODHOPE, Esquire RICHARD J. GODDARD, Esq.
Chairman, Atomic Safety and Office of the Executive Licensing Board Legal Director 3320 Estelle Terrace U.S. Nuclear Regulatory Comm'n Wheaton, Maryland 20906 Washington, D.C. 20555 DR. A. DIXON CALLIHAN Atomic Safety and Licensing Union Carbide Corporation Board Panel P.O. Box Y U.S. Nuclear Regulatory Comm'n Oak Ridge, Tennessee 37830 Washington, D.C. 20555 DR. RICHARD F. COLE WILLIAM S. ABBOTT, Esq.
Atomic Safety and Licensing Board 50 Congress Street, Suite 925 U.S. Nuclear Regulatory Commission Boston, MA 02109 Washington, D.C. 20555 l
Atomic Safety and Licensing Appeal
- OFFICE OF THE SECRETARY Board Docketing and Service Section U.S. Nuclear Regulatory Commission' O.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 Washington, D.C. 20555 MR. DANIEL F. FORD MR. AND MRS. ALAN R. CLEETON 1208 Massachusetts Avenue 22 Mackintosh Street Cambridge, MA 02138 . Franklin, MA 02038 HENRY HERRMANN, Esq. GEORGE H. LEWALD, Esq.
151 Tremont Street Ropes and Gray
. Boston, MA 02111 225 Franklin Street Boston, MA 02110 CHIEF LIBRARIAN Plymouth Public Library EDWARD L. SELGRADE, Esq.
North Street PATRICK J. KENNY, Esq.
Plymouth, MA 02360 GovernoE!s Massachusetts Office of Energy Resources 73 Tremont Street Boston, MA 02108
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FRANCIE/S. WR Assistant Attorney HT \
er.al. Q Environmental Protect Divisior.
Public Protection Bureau
.One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265 e
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