ML19332F862

Comments on Town of Hampton Opposing Immediate Effectiveness of Licensing Board Decisions LBP-88-32,89-32 & 89-33.* Urges NRC to Support & Give Plain Meaning to ALAB-924.Certificate of Svc Encl

ML19332F862
Person / Time
Site:	Seabrook
Issue date:	12/01/1989
From:	Mceachern P HAMPTON, NH, SHAINES & MCEACHERN
To:	NRC COMMISSION (OCM)
References
CON-#489-9565 ALAB-924, LBP-88-32, LBP-89-32, LBP-89-33, OL, NUDOCS 8912190219
Download: ML19332F862 (8)

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{. d s December 1, 1989 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

,. Before the Commission I

f Kenneth M. Carr, Chairman Kenneth C. Rogers Thomas M. Roberts i

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In the Matter of ) ] # g[j

) Docket No. 50-443-OL q4f,7 PUBLIC SERVICE COMPANY ) ,

OF NEW RAMP 8 HIRE, et al. ) (Offsite Emergency l } Planning Issues)

(Seabrook Station, Unit 1) )

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l-COMMENTS OF THE TOWN OF HAMPTON OPPOSING IMMEDIATE EFFECTIVENESS OF LICENSING BOARD DECISIONS LPB-88-32. 89-32, AND 89-33 i-1 Respectfully submitted, Town of Hampton By Its Attorney, Paul McEachern, Esq.

Shaines & McEachern, P.A.

PO Box 360 25 Maplewood Avenue Portsmouth, NH 03801 (603) 436-3110 891219o239 DR 891201 g ADOCK 0500o443 PDR

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December 1, 1989 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission Kenneth M. Carr, Chairman Kenneth C. Rogers Thomas M. Roberts

)

In the Matter of )

) Docket No. 50-443-CL PUBLIC SERVICE COMPANY )

OF NEW EAMPSHIRE, et al. ) (Offsite Emergency

) Planning Issues)

(Seabrook Station, Unit 1) )

)

)

COMMENTS OF THE TOWN OF HAMPTON QPPOSING IMMEDIATE EFFECTIVENESS OF LICENSING BOARD DECISIONS LPB-88-32, 89-32, AND 89-33 Others have set out the factual background giving rise to this unique pleading.

After the convolution of the process that has occurred in this proceeding, one has to think that this pleading represents the last words of one about to be sentenced. This writer is struck by the words of Alexander Pope, The hungry judges soon the sentence sign, And wretches hang that jurymen may dine, l

l The Race of the Lock 1712, Canto 111 1.21.

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i If these be the last words of the Town of Hampton, we will I lon g, but the Town wants to convey, through words, its not : bel:7

'Ar.Y revu'lsion of the process that has been undertaken to achieve  !

licensing.

Justice Brandies said, "Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example." olmstend v. United States, 277 U.S. 438 at 485 1928.

The Town of - Hampton, early in the process was told that economic factors would not be considerations in the licensing process which, in the regulatory universe, comes after the construction permit. Now that we have come down to the short strokes of the licensing process, economic considerations have become the only concern of the Licensing Board.

The example of the Licensing Board is too rank for comparison to an historical event. Town of Hampton has too much respect for the process still, to write in words, the vivid comparisons that come to mind.

The same respect for the process has not been exhibited by the Licensing Board itself in its attempt to overrule a superior tribunal, perhaps ultimately with the complicity of the full Commission.

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i Clearly, key ingredients of the Licensing Board decision in LPB-88-32 were reversed by the Appeal Board (ALAB-924). The l Licensing Board is not free to treat reversal as the equivalent i of leaving the reversed issues "open".

1 Such a step, which it unbelievably has indeed taken, does honor to despots. This convolution of the intestinos of the process is contemptuous of the Appeal Board. ,

The issue in this case is whether, because of the remarkable siting of the Seabrook facility, beach-goers can be adequately protected in the event of a radiological emergency.

This is a safety concern.

If this plant is licensed by this process, and there is por chance an emergency requiring evacuation, there will be grand juries impaneled to examine criminal culpability.

on the state of this record the Licensing Board's action is a smoking gun. Let the record now show that this concern, for criminal culpability of the Licensing Board, has been laid before you. It is not trivial or contrived, but deeply felt and obvious.

The Town of Hampton asks the Nuclear Regulatory Commission to snuff out this corruption of the process. Don't give your imprimatur to this sorry record. Don't become an accomplice.

Support and give plain meaning to ALAB 924, 3

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Respectfully submitted, Town of Hampton By Its Attorney, Dated: December 1, 1989 By:

l e V l Paul McEachern, Esq.

l Shaines & McEachern, P.A.

f PO Box 360 25 Maplewood Avenue Portsmouth, NH 03801

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December 1, 1989 l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f tm Before the Commission  ;

Renneth M. Carr, Chairman Kenneth C. Rogers Thomas M. Roberts .

)

In the Matter of )

} Docket No. 50-443-OL ,

PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, et al. ) (Offsite Emergency l

) Planning Issues)

(Seabrook Station, Unit 1) )

)

)

COMMENTS OF THE TQyN OF HAMPTON.

OPPOSING IMMEDIATE EFFECTIVENESS OF LICENSlHQ BOARD DECISIONS LPB-88-32, 89-32, AND 89-3 3 CERTIFICATE OF SERVICE I hereby certify that copics of the within Comments of the Town of Hampton Opposing Immediate Effectiveness of Licensing Board Decisions LPB-88-32, 89-32, and 89-33 have been forwarded this date by UPS Next Day Air to those parties indicated by an asterisk and copies of have been forwarded by first-class mail, j postage prepaid to the remaining parties on the attached service list. ,

/

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/ Q Paul'McEachern, Esq.

t SHAINES 6. McE ACHCf4N PROFFWONAL Al%OOAflON F6 MAPLtWOOD MENUt'. P Q teO4 DibO-PORT &wn/TH, N H 03ect I

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• Kenneth M. Carr, Chairman Administrative Judge l U.S. NRC Alan S. Rosenthal i 11555 Rockville Pike U.S. NRC l Rockville, MD 20852 Washington, DC 20555 i

• Kenneth C. Rogers, Commissioner Administrative Judge  ;

U.S. NRC Howard A. Wilber '

11555 Rockville Pike U.S. NRC i Rockville, MD 20852 Washington, DC 20555 i

• Thomas M. Roberts, Commissioner Atomic Safety and Licensing U.S. NRC Appeal Board Panel 1 11555 Rockville Pike U.S. NRC .

Rockville, MD 20852 Washington, DC 20555 James R. Curtiss, Commissioner SAPL U.S. NRC . 5 Market Street Wanhington, DC 20555 Portsmouth, NH 03801 Admin.ictrative Law Judge Administrative Law Judge Ivan W. Smith, Chairman Kenneth A. McCollom Atomic Safety and Licensing Atomic Safety and Licensing Board, U.S. NRC Board, U.S. NRC '

Washington, DC 20555 Washington, DC 20555

• Administrative Judge Administrative Judge G. Paul Bollwerk, III, Chairman James H. Carpenter Atomic Safety and Licensing Atomic Safety and Licensing Board, U.S. NRC Board, U.S. NRC Washington, DC 20555 Washington, DC 20S55 Robert R. Pierce, Esq. Peter B. Bloch, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board, U.S. NRC Board, U.S. NRC Washington, DC 20555 Washington, DC 20555 Administrative Judge Atomic Safety and Licensing Thomas S. Moore Board Panel U.S. NRC U.S. NRC Washington, DC 20555 Washington, DC 20555 John Traficonte, Esq.

• Thomas G. Dignan, Esq.

Assistant Attorney General Jeffrey P. Trout, Esq.

One Ashburton Place Ropes & Gray 19th Floor One International Place Boston, MA 02108 Boston, MA 02110-2624 2

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i Marjorie Nordlinger, Esq. *Edwin J. Reis, Esq.

Office of General Counsel , office of General Counsel U.S. NRC U.S. NRC 11555 Rockville Pike 11555 Rockville Pike 15th Floor 15th Floor Rockville, MD 20852 Rockville, MD 20852 Docketing and Service Sandra Gavutis ,

U.S. NRC RFD 1, Box 1154 Washington, DC 20555 East Kensington, NH 03827 Senator Gordon J. Humphrey Mitzi A. Young, Esq.

U.S. Senate Office of the General Counsel Washington, DC 20510 U.S. NRC (Attn. Gordon Mcdonald) Washington, DC 20555 Diane Curran, Esq. George W. Watson, Esq.

Harmon, Curran & Tousley Federal Emergency 20001 "S" Street, NW Management Agency Suite 430 500 C. Street, SW Washington, DC 20009 Washington, DC 20472 Geoffrey M. Huntington, Esq. Robert A.-Backus, Esq.

Office of Attorney General Backun, Meyer & Solomon State House PO Box 516

] Concord, NH 03301 Manchester, NH 03105 3

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