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 EnclML19209B885 |
Person / Time |
---|
Site: |
05000471 |
---|
Issue date: |
07/27/1979 |
---|
From: |
Wright F MASSACHUSETTS, COMMONWEALTH OF |
---|
To: |
|
---|
References |
---|
NUDOCS 7910110098 |
Download: ML19209B885 (11) |
|
|
---|
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
'
. .
. ,
fg-e m
-
2 %
UNITED STATES OF AMERICA -
NUCLEAR REGULATORY COMMISSION
} gg 31197d]s Il BEFORE THE ATCMIC SAFETY AND LICENSING BOAR { .
'
s s 9
.
'l 4
^
)
In the Matter of )
)
BOSTON EDISON COMPANY, et al. ) Docket No. 50-471
)
(Pilgrim Nuclear Generating Station, )
Unit 2) )
)
.
MOTION OF THE COMMONWEALTH OF MASSACHUSETTS TO DEFER THE FORTHCOMING EVIDENTIARY HEARINGS ON EMERGENCY PLANNING AND CLASS 9 ACCIDENTS For the reasons set forth in more detail below, Intervenor Commonwealth of Massachusetts (the Commonwealth)
.
hereby moves this Board to defer the evidentiary hearings now
_
scheduled to commence in Plymouth on August 27, 1979. At issue during these hearings will be three interrelated contentions of the Commonwealth on which the Board has yet to take any evidence: (1) that a Class 9 accident analysis should have been undertaken by the Staff as part of its NEPA review, (2) that given the population densities, transportation networks, land use and other unique characteristics of the area surrounding the proposed Pilgrim 2 site, no emergency plan can be developed that will adequately protect the population at risk in the event of a major radiological accident and (3) that Boston Edison's (BECo) preliminary emergency plans, as set forth in 1'~0 307 C) 5[
7910110 Gr
.h .
.. .
Its PSAR, are inadequate under Appendix E to 10 CFR Part 50 and the proposed amendment thereto.
For some time now it has been a matter of growing concern to the Commonwealth that in the rush to complete hearings on BECo's construction permit application only the most superficial attention will be given to the all-important area
,
of emergency planning and ac~cident mitigation. As a result of the accident at Three Mile Island, there are almost. daily changes in policy and safety requirements being announced by
_
the NRC, the most recent of which will be discussed below, but the pressure to complete the taking of evidence in this case is so great at this point that the substance and impact of these changes threatens to be all but lost.
That delays in this proceeding have occurred in the past should not prevent this Board from slowing the pace when the occasion calls for it, and this is clearly such a time. When the staff's first FES was *ound to be inadequate by the Board, no one quest.oned i
the fact that delay was necessary in order for the NEPA analysis to be done again. Similarly, some delay is again required, this time so that the Board's ultimate resolution of the Commonwealth's remaining contentions will be fair, thorough and reflective of the profound regulatory changes currently taking place in this area.1/ The Commonwealth, it must be emphasized, is as anxious as any 1/ In asking that the August evidentiary hearings be deferred, the Commonwealth is not proposing that this entire proceeding come to a halt. Briefing could certainly commence on those issues, such as need for power and financial qualifications, that have been fully litigated.
_,_
iO 308
. .
other party to see these proceedings concluded as expeditiously as possible; its consumers, af ter all, will ultimately be asked to bear the increased construction costs that delay always entails. In this instance, however, ceferral of the August hearings is clearly warranted and well worth the attendant CoS ts .
.
On May 24, 1979, this Board accepted two contentions
.
proposed by the Ccmmonwealth with respect to the issue of emergency planning.2/ By stipulation of all parties except ,
the Applicant, these contentions were later redrafted and ccmbined 8,nto one:
Given the guidelines es tablished in Appendix E to 10 CFR Part 50 and the propceed smendment thereto (43 FR 37433) ,
- 1) An acceptable emergency plan cannot be develope <* to protect persons within and beyond the LP, of the proposed site; and 2/ As originally drafted, the Commonwealth's contentions were as follows:
- 1. Given the populatine densities , transportation networks, land use and other unique characteristics of
- the area surrounding the proposed Pilgrim 2 site, no emergency plan can be developed that will adequately protect the public in the event of a major m 'diological accident.
- 2. The applicant's preliminary plans for protecting the public in the event of a major radiological accident at the Pilgrim site, ac set forth in its Preliminary Safety Analysis Report, are inadequate under the guidelines established in Appendix E to 10 CFR Part 50 and the proposed snendment thereto.
1'~0 309
. .
. .
- 2) The Applicant's preliminary emergency plans as set forth in its Preliminary Safety Analysis Report are inadequate.
On July 20, 1979, this Board announced its intention to commence evidentiary hearings on the emergency planning and Class 91/ contenticns on August 27, 1979, with direct testimony of witnesses to be filed on or before August 10, 1979. Tha Commonwealth had' argued against this schedule, noting that the Commission had just issued an advance notice of proposed rulemaking on the very subject of emergency planning,1/ and that changes in the Ccmmission's rules and regulations would undoubtedly be forthcoming, changes that in all likelihood would substantially affect resolution of the Ccmmonwealth's contention.
.
1/ The Ccmmonwealth's contention with respect to Class 9 accidents is that the Staff erred in concluding that neither NEPA nor the NRC's own regulations require an evaluation of the consequences of Class 9 accidents in comparing Rocky Point with its alternative sites. See " Comments of the Commonwealth of Massachusetts on the Draf t Supplement to the Final Environmental Ststement for Pilgrim Unit 2',' pp. 20-47. In support of this contention the Commonwealth has already filed the testimony of Phillip Herr, but because the issues involved in both the Class 9 and emergency planning contentions are so similar, the two will be heard together. Indeed, recent NRC directives issued with respect to emergency planning have considerable bearing on Dr. Herr's testimony, which may have to be revised accordingly. In any event, the two contentions are so interrelated that it continues to make sense to group them together; if emergency planning is to be deferred for any period of time, so should Class 9 accidents.
4/ See Notice of Proposed Expedited Rulemaking on the Adequacy and Acceptance of Emergency Planning Around Nuclear Facilities, 44 Fed. Reg. 41483 (July 17, 1979), attached hereto as Exhibit A.
.
1'~0 310
.
.
Whatever the correctness of the Board's original decision, another recently announced change in NRC policy with respect to emergency planning has made it all the more imperative that the forthcoming hearings be deferred, if not for the six months the NRC has said it will require to formulate new emergency planning rules, at least for a sufficient amount of time to allow all parties to analyze and respond to this most recent change. On July 20, 1979 at a meeting in Bethesda, Maryland, BECo officials were informed by ,
Harcld Denton, Director of the NRC's Office of Nuclear Reactor Regulation, that a number of interim requirements with respect to emergency planning had been formulated by one of the task forces working on the accident at Three Mile Island, and that the effect of one such provision vould be to require BECo (as well as any other applicant for a construction permit) to demonstrate the feasibility of emergency measures out to a radial distance of 10 miles from the reactor site. Director Denton's informal advice to BECo became official NRC policy on July 23, 1979, when SECY 79-450 was released, a copy of which is attached hereto as Exhibit B. A portion of that document addresses the issue of capability to take appropriate emergency actions, and requires that this capability will be extended to a distance of ten miles as soon as practical, but not later than January 1, 1981. SECY 79-450, pg. 2, paragraph 5.
Expansion of the zone of concern from the 4.25 miles that had heretofore been insisted on by the staff to ten miles 1O 31I
.
affects both aspects of the Ccmmonwealth's emergency planning contention, and greatly increases the amount of data gathering and analysis that must be performed by BECo, the Staff, the ACRS and the intervenors befcie the issue can be meaningfully brought to this Board for resolution. The first part of the Commonwealth's contention questions whether evacuation of the area of concern is feasible.' Rather than looking only at the limited land area within the LPZ, however, the inquiry now must extend all the way out to ten miles, and deal with such diverse
-
f actors as population distribution, transportation routes, atmospheric dispersion characteristics, and the impact of both summer residents and transient tourists visiting the many historic sites and recreational facilities in the area.
Complicating this analysis is the f act that the Bourne Bridge, one of only two exit routes off Cape Cod, lies just beyond the 10 mile perimeter, and while not technically within the zone of concern, certainly warrants some consideration.
The second part of the Commonwealth's contention goes to the preliminary showing that an applicant mus.t make, under 10 CFR 550.34 (a) and Appendix E to Part 50, with respect to the emergency plans that will ultimately be relied upon once the facility goes on line. All BEco has done thus far is to make reference, in its PSAR, to the emergency plans prepared for Pilgrim I. See PSAR, Section 13; SER, Section 13.3. The Pilgrim I plans addressed emergency planning only within the 4.25 mile LPZ for Unit 1, however, so that once again SECY 78-450 will require a greatly expanded showing than has thus 1O 312
.
far been submitted. As with the feasibility issue, these preliminary plans will first have to be developed by BECo, reviewed by the Staff and the ACRS,.and responded to by the intervenors, all of which activity must now occur prior to the scheduled commencement of hearings on August 27th.
The Commonwealth's concern with the scheduling problems
,
precipitated by issuance of SECY 78-450 is twofold. First, it will' have only two weeks, from August 10 to August 27th, te review BECo's submission and the Staff's analysis thereof; BECo ,
will be filing a supplement to its PSAR and the Staff a supplement to the SER, and traditionally far more time is allowed between the submission of such documents and evidentiary hearings thereon. The shortness of time, of course, becomes even more critical in this instance, where the subject matter is complex and of acute public concern, and where its underlying assemptions have recently been undergoing almost daily transformation. In addition, the Ccmmonwealth will have no opportunity under the present schedule to file written testimony in response to these documents; to the extent that they can be challenged at all, under the present schedule it will only be by means of cross-examination at the evidentiary hearing.1/
1/ By separate motion filed this day the Commonwalth is requesting that the filing date for the testimony of its witness Jan Beyea be deferred until September 7, 1979. Dr.
Beyea's testimony relates to one discrete area of concern, however, and it is not anticipated that we will be able to use him to refute all aspects of the PSAR and SER supplements.
1O 313
.
,
.
The Ccmmonwealth's second concern goes to the integrity of the entire deliberative process with respect to the issue of emergency planning and Class 9 accidents. To a large extent the health and safety interests of the public are protected not only by this Board's resolution of contested issues, but by presumed expertise that BECo's technical staff brings to bear on any given subject as well- as the review function performed by the Staff and the ACRS and the scrutiny provided by the intervenors ' own experts . In short, this Board cannot be expected to decide technical matters in the first instance; it
-
must draw upon the work of others, work that in all instances should be of the highest quality and completeness. In *.he rush to complete hearings on BECo's application for a construction
'
permit, both BECo and the Staff are attempting to accelerate a process that the public interest requires be deliberate, thorough and never hurried. There cannot help but be subtle pressure to take shortcuts, and the Commonwealth itself is already experiencing difficulty in fully preparing and mastering what amounts to an entirely new set of rules and assumptions with respect to emergency planning and accident mitigation. This Board's authority to control the pace of licensing proceedings has beeri repeatedly recognized, see, e.g., In the Matter of Offshore Power Systems, ALAB-489, 8 NRC 194, 199-208, and it should be exercized in this instance to assure that the work done by all parties to this proceeding is of the highest quality.
1' 0 314
. .
Wherefore, for the above-mentioned reasons, the Commonwealth respectfully requests that the forthcoming evidentiary hearings on emergency planning and Class 9 accidents be deferred for at least two months.
By its attorney, s} ~ .
.
FRANCIS S. WRIGHT Assistant Attorney General Environmental Protection Division Public Protection Bureau ,
One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265
.
.
1O 315
.
. .
. -
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g\ Pt / e, N +.
. .. .-o BEFORE ~":E ATOMIC SAFETY AND LICENSING BOARD D'*
-r -
@ JUL 3 ' 1973 > i
- )..
)
1 /
T.tW*** "#-/ .
'-
In the Matter of: ) %, -
)
BOSTON EDISON COMPANY, et al. )
-
) Docket No. 50-471 (Pilgrim Nuclear Generating )
Station, Unit 2) )
)
)
_
CERTIFICATE OF SERVICE.
I, FRANCI9 S. WRIGHT, hereby certify that the foregoing
" Motion of the Commt wealth of Massachusetts For Enlargement of Time Within Which to File the Testimony of Witness Jan Beyea" and " Motion of the Commonwealth o.' Massachusetts to Defer the Forthcoming Eviden-tiary Hearings on Emergency Planning and Class 9 Accidents"have been served on the following this 27th day of July 1979 by depositing copies in the United States Mail, first class postage prepaid:
.
ANDREW C. GOODHOPE, ESO. MARCIA E. MULKEY, ESQ.
Chairman, Atomic Safety and BARRY H. SMITH, ESQ.
Licensing Board Office of the Executive U.S. Nuclear Regulatory Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 DR. A. DIXON CALLIHAN Union Carbide Corporation Atomic Safety and Licensing P. O. Box Y Board Panel Oak Ridge, Tennessee 37830 U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 Da. RICHARD F. COLE Atomic Safety.and Licensing Board NILLIAM S. ABBOTT, ESQ.
U.S. Nuclear Regulatory Commission 50 Congress Street, Suite 925 Washingt a, D.C. 20555 Boston, MA 02109 Atomic Safety and Licensing Appeal Mard OFFICE OF THE SECRETARY U.S. Nuclea2; Regulatory Commission Docketing and Service Section Washington, D.C. 20555 U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 lO 316
. .. .
. .
MR. DANIEL F. FORD MR. AND MRS. ALAN R. CLEETON 1208 Massachusetts Avenue 22 Mackintosh Street Cambridge, Mass. 02138 Franklin, Mass. 02038 HENRY HERRMANN, ESQ. DALE G. STOODLEY, ESQ.
151 Tremont Street Boston Edison Company Boston, Mass. 02111 800 Boylston Street Boston, Mass. 02199 CHIEF LIBRARIAN Plymouth Public Library . GEORGE H. LEWALD, ESQ.
North Street Ropes and Gray Plymouth, MA 02360 225 Franklin Street Boston, Mass. 02110 EDWARD L. SELGRADE ~
Deputy Director Covernor's Massachusetts Office of Energy Resources 73 Tremont Street Boston, MA 02108
-
./
,n- . .
,-
< -
.
.
c .
.
FRANCIS S. WRIGHT As<.istant Attorney General Er.vironmental Protection Division Public Protection Bureau One Ashburton Place, 19th Floor Scston, Massachusetts 02108 (617) 727-2265 1O 317