Intervenor Memorandum in Response to Appeal Board Order of 900518 Re Issues Referred by LBP-90-12.* Board Should Hold That Findings Re Condition 1,contrary to Law & Issue Order Ceasing Facility Operation Above 5%.W/Certificate of SvcML20043E516 |
Person / Time |
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Site: |
Seabrook |
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Issue date: |
06/08/1990 |
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From: |
Curran D, Traficonte J HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
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To: |
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
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References |
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CON-#290-10439 LBP-90-12, OL, NUDOCS 9006130081 |
Download: ML20043E516 (12) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
[Table view] |
Text
/O x kr e YND o
33 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
(( gg$'g$RD r g ATOMIC SAFETY AND LICENSING APPEAL BO /
b Before Administrative Judges: 1 @
G. Paul Bollwerk III, Chairman Alan S. Rosenthal i Howard A. Wilber l
)
In the Matter of ) Docket Nos. 50-443-OL
) 50-444-OL PUBLIC SERVICE COMPANY )
OF NEW HAMPSHIRE, El AL. ) !
)
(Seabrook Station, Units 1 and 2) ) June 8, 1990
)
INTERVENORS' MEMORANDUM IN RESPONSE TO APPEAL BOARD ORDER OF MAY 18 RE: THE ISSUES REFERRED BY LBP-90-12 The Massachusetts Attorney General and the New England Coalition on Nuclear Pollution (the "Intervenors") submit this memorandum in response to this Board's Order of May 18 regarding the issues referred by the Licensing Board in LBP-90-12, (slip opinion at 55).
- 1. In LBP-88-32 the Licensing Board found as follows:
the absence of implementing detail for sheltering in the NHRERP is not so material as to foreclose a finding by the Board that the NHRERP provides '
reasonable assurance that adequate protective measures will be taken in the event of a radiological emergency '
at Seabrook.
28 NRC 667, 769 (1988). This Appeal Board reversed thic ,
finding on November 7, specifically holding that in the absence 9006130081 900600 PDR ADDCK 0D000443 I O PDR W) g
c ,
L1 of a sheltering plan for the large beach populations, the-NHRERP was n21 an approvable plan and did not, support the Licensing Board's " reasonable assurance" finding. ALAB-924, 30 NRC 331, 369-370, 372 n.194. On November 9 the' Licensing Board falsely asserted that "our ultimate conclusions that the NHRERP provides reasonable assurance that adequate protective measures can and will be taken are not changed" by ALAB-924. LBP-89-32, 30 NRC 375, 651'n.87.
This unique and clearly unlawful action has returned for review again by this Appeal Board, in this iteration as a referral by the Licensing Board. For the reasons that follow, this Board should hold:
- a. that the NHRERP as described and defended in 1988 contained an actual sheltering option for that large portion of the beach population with access to shelter;
- b. that this option was held to be the dose-minimizing protective action for these beach populations for a limited set of circumstances, including a " puff release";
- c. that this limited utilization of shelter for these beach populations was found appropriate by the Licensing Board; i
- d. that this Appeal Board made no mistake of fact or law when it interpreted the Licensing Board's discussion and approval of this limited utilization;
, e. that the Licensing Board erred on November 9 and November 20 when it ignored this Board's express holding that
-2 -
9
'o, t
t g
l s
the absence of sheltering detail precluded the " reasonable I assurance" finding; 3 1
- f. that the absence of this sheltering detail continues-to preclude the " reasonable assurance" finding; ]
- g. that to the extent;the Applicants, NRC Staff, FEMA, the State of New Hampshire and the Licensing Board (the ,
" licensing proponents") now assert that the NHRERP does not.
call for sheltering the'large beach populations under condition 1 and never did they are '
- i. revising the plan by exploiting ambiguities in the language used to describe protective actions set-forth therein;
- 11. proposing to no longer shelter the large beach populations in those very circumstances in which actual sheltering has been held to be the dose-minimizing response; and 111. trying to avoid the embarrassing fact that the Licensing Board authorized a license in November based on its assertion that the sheltering detail = called for in ALAB-924 could be put in place before the summer crowds of 1990 would arrive; s
- h. that to the extent the State of New Hampshire continues to assert that its plan simply does not have a sheltering option for the large beach populations with access to shelter, the Applicants have not met their burden of establishing that there is " reasonable assurance that adequate protective measures can and will be taken"; and finally
f
- i. that the largo beach populations already present as of June 8, 1990 in the-Seabrook EPZ call for immediate cessation of operations above F4 of rated power pending either:
1). an adequate sheltering plan for the beach populations being put in place; or 2), record support for and an adjudicatory finding of the newly-advanced proposition that sheltering those in the beach areas already in shelters and otherwise evacuating the vast majority of the others on the beaches is dose-savings superior to actual sheltering in all circumstances, even in those circumstances (like the " puff release") in which the uncontradicted sworn testinony had earlier established that sheltering all these beach people would be dose-savings superior to evacuating them. .,
- 2. Intervenors do not repeat again their citations to the NHRERP record on actual sheltering for the general beach population. The Licensing Board's decision in December 1988 is unambiguous on this point in any event. For example,
- a. 18.38 (28 NRC 667, 759): l 1
For implementation of the sheltering protective '
action option under any of the three conditions discussed above (dose-savings, local conditions, transients without transportation), New Hampshire decisionmakers.will rely on the mechanisms now in !
place, or to be put in place, in the NHRERP for recommending shelter to the public whether on the beach or any other place .... It is expected ,
that people will comply with EBS announcements to I take' shelter and that owners / operators of public-access facilities will make their facilities available for this very limited instance. Appl. Dir. No. 6, ff. Tr. 10,022, at 1
- 20. %
l l
- b. 18.73(769) l We do not believe that any additional planning detail is necessary for that group (transients without transportation). However,.with respect to the so-called "98%" -- the balance of the transient population at the beach - FEMA'a position is not clear. I l
-4 -
l
e-
- c. 18.81 (771) (emphasis supplied) the Board (has) recast the issue as being whether the State of New Hampshire has given careful and adequate consideration to sheltering as a protective action. Subsumed in that issue is the oremise that if exoected shelterina can readily afford dose-savinas over immediate evacuation for the soectrum of accidents in the NUREG-0654 olannino assumotions, shelterina should be orovided for, or its omission should be iustified. In this case the State of New Hamoshire has orovided for shelterina under the very limited circumstances discussed above.
Therefore, to the limited extent that sheltering l is a protective option for the beach population, some thought must be given to whether there is enough sheltering even for those limited cases, or if not, whether evacuation would be the choice.
- d. 18.83 (772)
Indeed, according to the Applicants and Staff, even accepting Mass AG's Witnesses' estimate of the peak population involved and their further-estimates of inaccessible shelter space ... there is sufficient available space to adequately ,
accommodate that population ....
- 3. Moreover, it is obvious that the Licensing Board's distinction between " actual sheltering" only of those already.
in shelters and evacuating all others when " shelter-in-place" is employed for the beach areas is of recent vintage. In November, when it issued its licensing " explanation" (LBP-89-33) the Licensing Board said nothing in this vein at all. It clearly continued to view the NHRERP as calling for.
" actual sheltering" the general beach population-in certain ;
p circumstances, just as all the parties had understood it and 1-the Applicants, et al. had defended it, i
l l
l
i (S)heltering available for the outdoors transient j' beach comulation is concentrated in a relatively
, compact and well-defined area ....' When shelterina is the chosen protective action, transit-dependent transients will not differ from the general transient group. Their sheltering needs will be exactly the same.*
i
- In the rare sheltering case - gaseaus release of !
predictably short duration arriving before evacuation can be effected - evacuation is ngt called fgI.
LBP-89-33, 30 NRC 656, 671-72 n.17.(first and third emphasis supplied).
- 4. Thus, the " finding" made by the Licensing Board in LBP-90-12 and referred to this Board directly contradicts the Licensing Board's earlier finding as well as this Board's decision in ALAB-924. Absolutely no technical basis has been proffered to support the notion that in a " puff release" evacuating the large beach populations will be superior to (actual) sheltering them. Indeed, it is obvious that the NHRERP is being described and interpreted not to augment public health and safety:but to circumvent with linguistic artifice this Board's holding in ALAB-924. For. example, " shelter-in-place" has those outdoors with access to shelter being told to shelter. (It was no doubt by this route that the " general beach population" was going to end up in shelters under Condition (1)). Now, we find the licensing proponents focusing ,
their attention on the notion of " access". The Licensing Board states at 24 of LBP-90-12:
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The distinction between persons already at shelter and persons.with access to shelter is blurred. The ;
essential point is that there would be no time or j confusion barrier between the persons to be sheltered and their sheltering.
FEMA puts the point expressly:
According to the shelter-in-place concept of the NHRERP, (1) people already in buildings (or who may elect to enter buildings immediately without directign from emercency manaaement officials] would utilize those buildings as shelter, and (2) everyone else is expected to evacuate.
FEMA's May 30 Memorandum Regarding LBP-90-12 at'2 (brackets in I original) (emphasis supplied).
Why is " access" to shelter now defined as access in tha absence gi direction from officials? There can be no technical-basis for this distinction: if a sheltering plan (including official " direction") could move beach people in a timely fashion to pre-marked shelters their level of protection from a '
" puff release", for example, would clearly be superior to a Indeed, this is the very reason why those long evacuation.
already in shelters are told to stay there and not evacuate under " shelter-in-place". Why does FEMA, then, distinguish between those outside who can access shelter without direction and those who cannot? The answer, of course,-is that FEMA and the other licensing proponents are just trying to avoid the dictates of this Appeal Board's decision in ALAB-924. If only those who do not need a sheltering plan are defined as having
" access" to shelters and therefore would be told to shelter l
e then there is no point to requiring a sheltering plan. But the NHRERP nowhere mentions this distinction. Indeed, this distinction makes no technical sense because those who would have " access" if a sheltering plan were in place are being told to evacuate even though sheltering them has already been determined to be dose-minimizing. The fact that a sheltering plan is necessary in order to achieve this comparative advantage is itself no reason for foregoing it. Only because this Board has required such a plan before the " reasonable 4
assurance" finding can be made, have the licensing proponents ;
defined " access" in this way.
- 5. Finally, ALAB-924 is the law of the case. Petitiores for review are pending before the Commission. This Board I should apply the existing law to the questions referred. Thus, 1
as set out above, the NHRERP is not an approvable plan in the absence of sheltering detail. There is no present sheltering i
detail even though the beach populations are now large and the ;
reactor is again operating above 5% of rated power. In these l circumstances, in response to the referral, this Board should hold that the Licensing Board's " finding" concerning condition 1 is contrary to law and should issue an order that operations l
above 5% of rated power immediately cease. I The Commission's emergency planning regulations are premised on the assumption'that a serious accident might occur .... The adequacy of a given emergency plan therefore must be adjudged with this underlying assumption in mind. As a corollary, a possible deficiency in an emergoncy olan cannot properly be 1 disregarded because of the low probability that action pursuant to the plan will ever be necessary.
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- e ALAB-924 at 30 NRC~331,-371 auctina ALAB-832, 23 NRC at 155-156 (auctina Philadalchia Electric Co. (Limerick Generating Station, Units 1 and 2), ALAB-819, 22 NRC 681, 713 (1985).
Certainly, were the circumstances calling for (actual) sheltering the general beach population to occur.at this time, .
1 these truths again would be held self-evident.
Respectfully submitted, COMMONWEALTH OF MASSACHUSETTS NEW ENGLAND COALITION ON JAMES M. SHANNON NUCLEAR POLLUTION ATTORNEY GENERAL Adt. uth. "f
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Diane Curran, Esq.'V ~ hn Traficonte Harmon, Curran, & Tousley hief, Nuclear Safety Unit Suite 430 Department of the Attorney General 2001 S Street, N.W. One Ashburton Place Washington, DC 20008 Boston, MA 02108 (202) 328-3500 (617) 727-2200 DATED: June 8, 1990 1901n i
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s.
Paul McEachern, Esq.
Shaines & McEachern
-25 Maplewood Avenue, Portsmouth, NH 03801
- G. Paul-Bollwerk, Chairman
- Alan S. Rosenthal Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board, 5th FL. Appeal Board, 5th FL.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Bethesda, MD 20814 Bethesda, MD 20814
- Howard A. Wilber Jack Dolan Atomic Safety & Licensing Federal Emergency Management Agency Appeal Board, 5th FL. Region i U.S. Nuclear Regulatory Commission J.W. McCormack Post Office &
Bethesda, MD 20814 Courthouse Building, Room 442
+ Boston, MA 02109 George Iverson, Director N.H. Office of Emergency Management State House Office Park South 107 Pleasant Street Concord, NH 03301 Respectfully submitted, JAMES M. SHANNON ATTO EY GENERAL
/ .-
Jo Traficonte istant Attorney: General l
hief, Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-2200 ,
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,- l Dated: June 8, 1990 l
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