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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] |
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
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)
In the Matter of ) STATEMENT OF
) THE COMMONWEALTH BOSTON EDISON COMPANY et al. ) OF MASSACHUSETTS
) IN RESPONSE TO (Pilgrim Nuclear Generating Station, ) THE BOARD'S ORDER Unit 2) ) OF JANUARY 17, 1980
) '
)
In its order of January 17, 1980 the Board requested all parties to comment on the following two questions:
- 1. In light of the NRC's imminent amendments to 10
,
CFR Part 50 and Appendix E to 10 CFR Part 50, is the
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Com:2onwealth's contention with respect to emergency still a proper issue in the above-captioned pro-
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ceeding?
- 2. If emergency planning is a proper issue, when can testimony be filed and hearings schedul,ed thereon?
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As to the Board's first question, the Commonwealth notes
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that this matter has been addressed once before, during a con-ference call held on September 10, 1979 between members of the Board and representatives of all parties. At that time the ;
E parties were asked to submit memoranda on whether the Commis- 5 sion's proposed changes to its regulations ou emergency plan-
. ning precl-uded the Board from conducting hearings on the sub-ject. Both the Commonwealth and the Staff argued in subsequent filings that the Board was not precluded from considering the question of emergency planning for cilgrim II during the Com- ,
mission's consideration of the broader issue, and rather than repeat those arguments, a copy of the Commonwealth's earlier memorandum is attached hereto, as Exhibit A, for the Board's consideration.
In the time that has passed since the' filing of the Com-
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monwealth's memorandum, draft changes to the N*C's emergency planning regulations have been promulgated (See 44 29d. Reg.
75167, December 19, 1979), and the period during which ir cer-ested parties can comment on these changes will expire on
. February 19, 1980. As this Board is aware, the NRC has thus f ar acted expeditiously in promulgating its draf t regulations
-and conducting regional workshops thereon, and has announced its intention of adopting the regulations in final form shortly
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after close of the comment period.
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Given the fact that the NRC is on the verge of adopting new emergency planning regulations, the position taken by the Commonwealth in the attached memorandum (as well as that taken .
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by the Staff in its own memorandum) becomes all the more per- {
suasive. Under the case law cited in the Commonwealth's memo- 3 randum, the issue of the feasibility of taking emergency mea-
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sures must be. addressed during the construction ~ permit stage, while under 10 CFR 550.34 (a) (10) and Appendix E thereto the applicant must submit preliminary plans for dealing with radio-logical accidents as part of its PSAR, a document that must_be complete before issuance of a construction permit. Both the applicant's position on feasibility and its preliminary emer-gency action plans must be tested against the NRC's new standards and regulations governing eme~rgency planning, and can
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only be done so prior to a decision by the Board on issuance of a construction permit.
Indeed, the only thing that has changed since the parties last addressed this question is that the NRC has moved much closer to promulgation of a final rule that will serve to in-form the Board in its deliberations on the related issues of
- feasibility and adequacy of the applicant's preliminary plans.
The NRC's action in moving towards swif t promulgation of a final rule can hardly be treated as divesting ,this Board of jurisdicition over matters that both case lav and the regula-tions require to be resolved prior to issuance of a construc-tion permit.
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O
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~ v As to the Board's second question, concerning the sche-duling of an evidentiary hearing on the emergency planning issue, the Commonwealth canno.e suggest a precise date, but only enumerate those things that must occur before such a hearing can take place. :
- 1. The E 's new regulations on emergency planning
. must be adopted in final form, an action which we
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have been informed can be expected in March of this year.
- 2. Based on the NRC's new informational require-
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ments, which can be found in the draft regulations as well as the numerous communications that have been going out to construction permit applicants from the :
NRC's Office of Nuclear Reactor Regulations, the applicant must submit an amendment td its PSAR, set-ting forth its preliminary plans for dealing with radiological accidents.
- 3. Based on the NRC's new emergency planning re-quirements and the Staff's own investigation of the
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Pilgrim II emergency planning zone (EPZ), an investi-
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gation which has been ongoing since September of 1979 (See Staff motion of September 11, 1979, attached hereto as Exhibit B), the Staff must prepare a supplement to its Safety Evaluation Report (SER),
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in which the issue of feasibility and the adequacy of the applicant's preliminary plans are discussed.1/
- 4. The Staff has yet to answer the Commonwealth's .
interrogatories on emergency planning, filed on _;
August 13, 1979. By agreement, the Staff has de-
{
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ferred answering these interrogatories until it has ;
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compl'eted its field investigation and reassessment of :
the Pilgrim II emergency planning issue. _
1/ The Commonwealth notes that the Staff is still investiga-ting the Pilgrim II emergency planning issue r most recently'by seeking evacuation time estimates from the applicant (See .
letter of December 26, 1979, attached hereto as Exhibit C), '
estimates which presumably will be used to prepare a feasibil-ity analysis for the 10 mile EPZ. For at least two reasons it would be far more appropriate to submit this analysis of the area surrounding Pilgrim II as a supplement to the SER -rather than as pre-filed testimony:
- 1) Since the Staff began reassessme'nt of the Pilgrim II emergency planning issue in September, the Commonwealth has had little information as to the data being gathered and the con-clusions being reached. The Commonwealth, therefore, cannot begin to prepare its own testimony until it has had an oppor-tunity to study the Staff 's conclusions, which in such matters are usually contained in the first instance in the SER and not as written testimony filed just before an evidentiary hearing.
Written testimony typically is only in support of statements and conclusions contained in previously filed documents such as
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the'EIS or SER. ,
- 2) Once the Staff concludes its reassessment of the Pilgrim II emergency planning issue and presents its conclu-sions, the Commonwealth may be in a position to look again at its own concerns as to this matter, and to determine whether in light of the Staff's additional field studies its contention might be withdrawn or at least narrowed in scope.
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Upon submission of the applicant's amendment to its PSAR, -
the Staff's supplement to the SER and the Staff's answers to the Commonwealth's interrogatories, the Commonwealth will then =
be able to prepare its own testimony. Because some of the .
preliminary work has been done on this testimony, the Common-wealth estimates that it can be filed within one month of i
. receipt of the above-mentioned documents. The evidentiary .
hearing could then be scheduled according to the provisions of -
10 CFR 52.743 (6) , i.e. fif teen days af ter the filing of all ;
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testimony.
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Respectfully submitted,
. ~
>
FRANCIS S. WRIGHT L Assistant Attorney General G
Environmental Protection Division Department of the Attorney General One Ashburton Place, 19 th Floor Boston, Massachusetts 02108
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DATED: February 7, 1980
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DOCKETED UNITED STATES OF AMERICA { gggg; NUCLEAR REGULATORY COMMISSION .
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FEB i11980 > i BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ' Ottice of the Secretan
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pghting&SeM" N.
b Branch
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) :
In the Matter of ) y
)
BOSTON EDISON COMPANY et al. ) Docket No. 50-471 :
)
(Pilgrim Nuclear Generating Station, )
, Unit 2) )
)
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CERTIFICATE OF SERVICE I hereby certify that the within " Statement of the Commonwealth of Massachusetts in Response to the Board's Order of January 17, 1980" has been served on the following by deposit of copies thereof in the United States Mail, first class mail, postage precaid, this 7th day of February 1980.
Andrew C. Gecdhope, Esq. Henry Herrmann, Esq.
Chairman Room 1045 Atomic Safety and Licensing Board 50 Congress Street 3320 Estelle Terrace Boston, Mass. 02109 Wheaton, Md. 20906 Mr. and Mrs. Alan R. Cleeton Dr. A. Dixon Callihan 22 Mackintosh Street Union Carbide Corporation Franklin, Mass. 02038 P.O. Box Y Oak Ridge, Tennessee 37830 William S. Abbott, Esq.
Suite 925 Dr. Richard F. Cole 50 Congress Street
. Atomic Safety and Licensing Board Boston, Mass. 02109 U.S. Nuclear Regulatory Commission -
Washington, D. C. 20555 George H. Lewald, Esq.
Roper and Gray Patrick J. Kenny, Esq. 225 Franklin Street Edwaru L. Selgrade, Esq. Boston, Mass. 02110 Deputy Director Mass. Office of Energy Resources .
73 Tremont Street Boston, Mass. 02108
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Atomic Safety and Licensing Office of the Secretary Appeal Board Docketing and Service Section U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washing, D. C. 20555 Washington, D. C. 20555 Atomic Safety and Licensing Chief Librarian Board Panel Plymouth Public Library U. S. Nuclear Regulatory Commission North Street Plymouth, Mass. 02360 Steven Lewis, Esq. o Office of the Executive Legal Director .
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U. S. Nuclear Regulatory Commission Washington, D. C. 20555
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FRANCIS S. WRIGH F Assistant Attorney General Environmental Protection Division Department of the Attorney General One Ashburton Place, 19th Floor Bosten, Massachusetts 02108
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION 6- .
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BEFORE THE ATOMIC SAFETY AND LICEMSING BOAP.D y y F
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) i BOSTON EDISON COMPANY, et al. ) E
) Docket No. 50-471 r (Pilgrim Nuclea. Generating Station, ).
Unit 2) )
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MEMORANDUM OF THE COMMONEALTH OF MASSACHUSETTS IN OPPOSITION TO DISMISSAL OF ITS CONTENTION ON
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EMERGENCY PLAUNING In the course of a conference call on September 10, 1979 .
the parties were asked to brief the following question: in.
light of the consideration now being given by the NRC to the issue of emergency planning, should the Licensing Board dismiss the Commonwealth's emergency planning contention as a matter'
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presently the subject of a generic rulemaking proceeding? For .
the following reasons, the Commonwea]th opposes dismissal of the contention, but does renew its recuest that the evidentiary [
- hearings on eme::gency hearings not be reconvened eatil -further guidance on emergency planning has been issued by the NRC, guidance which can reasonably be expected to be forthcoming in the next few months.
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U!!ITED STATES OF AMERICA' 9/11/79 HUCLEAR REGULATORY C0:'DISSI0f!
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CEF0P.E T :E I70"': STT7 A':0 LI:E"S!': CS* 00 In the "atter of )
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BOST0:1 EDIS0:1 COMPAt1Y, e_t_ _al .
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) Docket ??o. 50-471
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(Pilgrim fluclear Generating Station, )
. Unit 2) ) .
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NRC STAFF MOTIOil TO DEFER ISSUE OF
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EMERGE!!CY PLAT:NING A: D TO ESTABLISH SCHEDULE FOR FILING PROPOSED FII;DI!!GS ON COMPLETED ISSUES
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The issue of emergency planning is scheduled to be heard beginning October 1,
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1979. During the past several weeks, a number of developments, more fully
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described below, have occurred in the area of emergency planning. Among these
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is a planned site visit by the Staff to determine if ten miles is a sufficient distance for emergency planning for Pilgrim Unit 1. The cumulative impact of .these developments have caused the Staff to reassess its prior position that.it can go forward with the issue of emergency planning. For this reason, the Staff moves that this issue be deferred until the Staff has completed its review of emergency planning considerations at the Pilgrim site.
. The developments referred to above are: 1) the Commission issued a " Notice
'of Proposed Expedited Rulemaking on the Adequacy and Acceptance of E'mergency Planning Around fluclear Facilities" (Notice), 44 Fed. Reg. 41483 (July 17,1979);
- 2) the Joint EPA-NRC Task Force Plannina Basis for Develocment'of State and
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o Local Government Radioloaical Emercency pf_ter t'ucle.w Peypr,flants (!:U?EG-0295)
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UI!ITED STATES OF Al'. ERICA NUCLEAR REGULATORY C0:"11SSIO!1 _
EEFORE THE AT0!!IC SAFETY AND LICE : sit!G BOARD In the Matter of: )
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BOST0:1 EDIS0!i COMPA;1Y, et al .
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) Docket fio. 50-471 e
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(Pilgrim fluclear Generating ) .
Station, Unit 2) )
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AFFIDAVIT OF FRANK G. PAGA!!0, JR.
I, Frank G. Pagano, Jr., deposes and says under oath as follows:
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- 1. I am Director, NRC Emergericy Preparedness Task Force for Operating Power Reactor.
- 2. A review team consisting of three members will visit the Pilgrim Unit 1 site to determine, among other thi ,s, whether 10 miles is a sufficient area for emergency planning, and whether rapid notification can be given to the residents within ten miles or any other distance established for emergency planning.
- 3. Pilgrim Unit I will be among the first sites visited by the Staff. This
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review is tentatively scheduled to take place on approximately September 17-18, 1979.
- e. . The infor.T.ation necessary to make the determination described above will be analyzed within seven weeks after the site visit.
- 5. Thq deterri:c tica of t." .1 rep -:.nc d it : :ca for e;.er,ency plc.nning and the. evaluation of' notification tir..e would be applicable to the proposed ,
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Unit flo. 2. This information is essential in evaluating the proposed emergency planning in accordance with 10 CFP, Part 50, Appendix E, Sec-tion II, and the proposed amendment thereto.
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- 6. L' hen the review of Pilgrim Unit 1 is complete, the criteria necessary to make decisions concerning emergency planning will be more firmly established. ,
For the above reason, the Staff desires to defer preparation of testimony on this issue in order that the most accurate and current information can be presented to the Board. .
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/' Frank G.' w Pagano, Jr.
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Subscribed and sworn to before me -
this y ; day of September,1979.
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Notary Public in an:! for ne State of Maryland,liontgomery County ,
My Conmission expires: July 1, 1982.
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o UNITED STATES
! k. NUCLEAR REGULATORY COT *f.11SSION -
WASHINGTON. D. C. 20555
..... December 26, 1379
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APPLICAfiTS FOR C0!!STRUCTIO:1 PERMITS At1D LICEflSEES OF PLAtlTS U?; DER C0llSTRUCTIO 4 :
Gentlemen:
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SUBJECT:
REQUEST FOR IfiFORMATI0ft REGARDIfiG EVACUATI0tl TIMES [
This letter is being sent to all applicants for construction pemits, and licensees of plants under construction. The purpose of the letter is a request for information regarding estimates for evacuation of various areas #
around future nuclear power plants. The requested information is in addition +
to that requested by the fiovember 21,1979, '. . iter to all applicants for an operating license and licensees of plants ur. der construction from Domenic B. Vassallo, Acting Director, Division of Project Management, Office of fluclear Reactor Regulation.
Although evacuation time estimates are expected to be prepared in the course -
of the upgrading of the state of emergency preparedness as previously specified -
submission of these estimates to the t1RC is being requested on an accelerated time scale so that the fiRC can identify those instances in which unusual evacuation constraints exist and special plar.ning measures should be considered. In some cases of extreme difficulty where a large population is at risk, special facility modifications may also be appropriata. The _
information requested in the enclosure should be submitted no latur than '
i March 31, 1980. -
Previous correspondence indicated that efforts to develop a model plan were continuing. It now appears that the model plan will not be completed on a
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schedule which will be of use in developing upgraded plans in the near' term.
' The upgraded plan development.should therefore proceed on a site-specific basis. i
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I Sincerely,
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Brian K. Grimes,-Director
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Enclosure:
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