Response of Intervenors to Appeal Board Memoranda & Orders of 900622 & 0717.* Matter Should Be Remanded to Licensing Board Since No Evidence to Establish Assurance That Care for School Children at Holy Cross Adequate.W/Certificate of SvcML20056B206 |
Person / Time |
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Site: |
Seabrook |
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Issue date: |
08/07/1990 |
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From: |
Backus R, Curran D, Traficonte J BACKUS, MEYER & SOLOMON, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE |
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To: |
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
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Shared Package |
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ML20056B193 |
List: |
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References |
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OL, NUDOCS 9008150198 |
Download: ML20056B206 (14) |
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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
mgtg r'ym - '
~ ~- 3psy,802 CO'
- , , , UNITED STATES OF AMERICA O{
u !c ^
NUCLEAR REGUIATORY COMMISSION ATOMIC SAFETY AND LICE} SING APPEX90 BeUDie7 PS :39 Before Administrative Judges
, . 7. nT, g . -,7, vi G. Paul Bollwerk III,-Chairman -
Alan S. Rosenthal: ,
Howard A. Wilber-
)
In the Matter of ) Docket Nos. 50-443-OL
) 50-444-OL PUBLIC SERVICE COMPANY )
OF NEW HAMPSHIRE, EI AL. )
)
(Seabrook Station, Units 1 and 2) ) August 7, 1990
)
RESPONSE OF THE INTERVENORS TO THE APPEAL BOARD MEMORANDA AND ORDERS OF JUNE 22, 1990 AND Jt'LY 17, 1990 ;
l t INTRODUCTION In its Memorandum and Order of June 22, 1990, this Appeal' Board correctly noted that as a factual matter there.are 4 certain differences in the emergency planning provisions pertaining to school children under the Seabrook Plan for 1
Massachusetts Communities ("SPMC") and the New Hampshire
-nadiological Emergency Response Plan ("NHRERP"). .There are at' ,
least four critical distinctions between the SPMC and NHRERP.
l:
i First, the SPMC School Host Facility at Holy Cross College in Worcester, Massachusetts is located a substantial distance from the Massachusetts Emergency Planning Zone l
l l-
! 9008150198 900007 I
DR ADOCK O g3:. ,
- 4. e
("EPZ").. By the Licensees' own estimate it will take ;
approximately an hour and a quarter to an hour and a half to- ,
travel from the EPZ to the School Host Facility in Worcester.
(Tr.21320). Second, while the NHRERP calls for the evacuation of school children to four separate centers, the SPMC locates all school and day-care children from the Massachusetts EPZ at one facility, Holy Cross. The third distinction is that the k NHRERP provides for both the presence of 400 response perstnnel from the New Hampshire Department of Health and Human Services and the Red' Cross to staff the New Hampshire conters while the !.
SPMC relies solely on accompanying teachers to take care of the children at' Holy Cross. The fourth difference is that while the four centers in New Hampshire will have adult evacuees ,
present, there will be no adult evacuees at Holy Cross.
In its Order dated July.22, 1988, the Licensing Board l
l rejected the Bases N, Q, R, S.1, and U of MAG Contention 47.
The Licensing Board rejected Bases N, Q, R, S. 1 on the ground that those Bases had already been genvrically litigated-in the hearings on the'NHRERP and thus, the record on those issues was closed. Order of July 22, 1988 at 71-73. The Licensing Board q
held that in order to present evidence on those issues, the Massachusetts Attorney General (Mass AG") would have to meet the. standards for reopening a closed record. Order of July 22, 1988 at.72. The Licensing Board rejected consideration of the issues pertaining to Massacousetts school children without considering that the provisions for school children under the N.
y _,
u*W.
SPMc differed substantially for provisions for school children under the NHRERP as noted above. Furthermore, in making its -
ruling, the Licensing Board overlooked two other factors: i
- 1) had the Mass AG attempted to introducs evidence concerning Massachusetts school children in the New-Hampshire proceeding it would have been excluded as irrelevant to the issue of how the NMRERP provided for New Hampshire children; 2) the Mass AG could not have raised issues portaining to-Massachusetts teachers under the SPMC in the NKRERP proceeding because the filing deadline for contentions-on the NHRERP preceded the '
development of the SPMC.
In ALAB-932, 31 RRC (May 31, 1990), this Board upheld the findings of the Licensing Board pertaining to school children under the NHRERP. However, in doing no_this Board i distinguished between relying upon teachers to oversee the boarding of children onto evacuation buses and relying upon teachers-to travel " considerable distances from their school and very likely from their homes and families."
Id. at (slip [ opinion at 60-61).
In ALAB-932, this Board relied on an independent ground as a basis for assurance that school children would be sufficiently provided for whilo on route during an evacuation. That ground was that " bus-drivers will be able to transport the students safely to reception centers, where the students will be cared for and supervised by the l personnel already assigned to staff the contars until such time as they are reunited with their parents or guardians." Id.
-3 -
t I
g 7-g _ -
The factual distinctions at ___ (slip opinion at 62-63)..
~between the SPMC and NHRERP preclude such assurance under the SPMC. Furthermore, as discussed below tho -existing evidence of record on the matter of the capability of the American Red-Cross, or other compensatory measures, does not provide for reasonable assurance that school children will~ be adequately supervised and provided for at Holy Cross College.
DISCUSSION The short answer to the first question posed by this Board in its Memorandum and Order of June 22, 1990 is that there is no evidence of record on the capability of the American Red
' Cross to care for and supervise the children at Holy Cross College.. As the Licensees and Staff point out in their responses, the Red Cross will not be called upon to respond to I lioly Cross College. Under the SPMC, the Red Cross' is called E .upon to provide staffing and provisions at congregate care centers. However, the SpMC does not look to the Red Cross'to respond to the School Host Facility at Holy Cross College.
l
=This Board's confusion on this point that was apparent in its Order of June 22, 1990 and led to the supplemental Order.of July 17, 1990 has been addressed by the Licensees and Staff in their responses dated July 19, 1990 and July 25, 1990 respectively. The confusion appears attributable to there-being two letters of agreement with Holy Cross College, one dated February 1, 1988 ("The Congregate Care, LOA") and one dated November 30, 1988 ("The School Host Facility LOA").
-4 -
- we T m mGraTUb
. j Under the version of the SPMC that was litigated and introduced into evidence below Massachusetts school children were originally to go to Shriner's Auditorium, the Special ,
Population Facility. The Licensees later changed the l l
designation of Holy Cross Col.lege from that of a Congregate ,
l Care Center to being the School Host Facility. Apparently, )
when the Licensees' contracting personnel marked up the l Congregate Care LOA to make Holy Crose .nto
- the School Host ,
1 Facility, references to the Red Cross were not edited out. )
While it is understandable that this Board might have been confused by that editorial error, the Licensees and Staff are correct in the representations made in their filings that at l
the time of the hearings on the SPMC, the Mass.AG understood that the Red Cross was not to be called upon to staff or provide for children at the School Host Facility. (Tr.
21322-21323, 21328-21330) In Mass AG's Proposed Findings L 8.1.66A through 8.1.66E the adequacy of that arrang9 ment was questioned. The short answer to this~ Board's ' first question is l
that there is no evidence of record that anyone other than 1
. teachers or other school staff Will be looked to under the SPMC to care for school and day-care children. There is no evidence L
I of. record on the capability of the American Red Cross to provide such care.
In response to the'second question posed by this Board in 1'
f its Memorandum dated June 22, 1990, the Licensees and Staff suggest that'the concerns raised by this Board in ALAB-932 j
mye ,- mg n m.ver -
should be set aside for the following reasons: (1) it-does not make any difference that teachers will be called'upon to go i
considerably ' further under the SPMC than under the NHRERP; (2) the record and the hearings on the NHRERp support the-notion that teachers can be relied upon to continue to care for children; (3) the " realism" doctrine allows for the presumption that teachers can be relied upon to care for children at Holy Cross; and (4) additionally, the Staff apparently relies upon a ,
FEMA review of Holy Cross ac the School Host -Facility that- took place after the close of the record on the SPMC. None of these rationalizations for ignoring the concerns of ALAB-932 withstand scrutiny.
The Licensees and Staff suggest that this Board can ignore the fact that Holy Cross College is an hour and a half from the EPZ on the ground that the Mass AG did not submit any evidence that the longer distance- of lioly Cross f rom the EPZ (in contrast to congregate care centers in New Hampshire) would have any impact on the response of teachers in an emergency.
This argument totally ignores the fact that under the July.22, 1S88 Order of the Licensing Board the Mass AG was completely precluded from introducing ang evidence on teacher behavior.
The Licensees go so far as to-suggest that the intervonors-
.could have filed a late filed contention when IIoly Cross was named as the School Host Facility after November 1988. It is patently absurd to argue that the Licensing Board would have entertained such a contention under the higher late-filed l
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' contention standard-.when it had previously rejected all such issues'in its July 22,-1988 Order. Any evidence that the Mass AG could have introduced on the issue of whather teachers would accompany and stay with children at Holy Cross would have been encompassed under Basis R of MAG 47. Basis R states:
"There is no reasonable ass _urance that _guf ficient teachers,-
or other school thaff. will volunteer on an ad hoc basis to. ,
accomnanY and nunervise the-_ students on evacuation buses, at the Recention Center. and at the Host Special Facility.
ORO Bus Drivers, Route Guides, and other ORO staffers are ,
inadeouate substitutes. Many of the students themselves will simply-not.get on a strange bus driven by a stranger unless a familiar and trusted person rides along with them." (Emphasis added.)
By rejecting tho above quoted Basis, the Licensing Board precluded the Mass AG from submitting any evidence on the issue at hand.
Nor is the record that was introduced in the New Hanpshire .
proceeding adequate to deal with the issue. The Licensees and the Staf'f rely upon the testimony of Mr. Moyer, a New Hampsnire L teacher,-and Dr. Miloti in tho'New Hampshire hearings. Neither piece of testimony is compelling as to the adequacy of the SPMC provisions pertaining to the School Host Facility. Both' witnessos were at best directing their rc:arke to the willingness of teachers to stay for the relatively short amount of time that it would take to load school children onto busses and perhaps, to accompany them to the four congregate care conters in New Hampshire. Neither Dr. Mileti nor Mr. Moyer were addressing their remarks to the likelihood of teachers staying on as the care providers for children at a host 7 -
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' facility. By the Licensees' own calculation, teachers might well be called upon to remain at-Holy Cross for in the range of thirteen and a half. hours. That thirteen-and a half hours is 3
in addition to the amount of time that the teachers would be sitting on the bus prior to reaching the boundry of the EPZ. ,
(Tr. 21319-21323.) It is certainly. reasonable to postulato l
that Massachusetts teachers, upon hearing that they would be required to remain with students to the reception centers and then further across the state to Holy Cross College, would be 1
reluctant to get on an evacuation-bus. Accompanying school )
i children under the SPMC would offectively cut off a teacher for an extended period from contact with his or her family. The l testimony.on the response of teachers under the NHRERP simply does not address the issue of whether teachers could be counted on to remain at the SPMC's School Host Facility because that f was not an issue under the NHRERP.
Both the Licensees and Staff also, point to the " realism"
-doctrine as assurance that teachers will remain at Holy Cross to care for students. That reliance is misplaced for two R reusons. First, it assumes that teacheru who are employed by towns;and school' districts will recognize themselves es employees of the state and respond to a directive of the Governor. Even if one: assumes that the opinion expressed in >
Attachment B to the Calondrello Affidavit is correct, thoro is no evidence that the teachers in-the Massachusetts EPZ are
. _ .. .. g 7, s u u J M #ME.010 1 1 .
1 aware of that opinion or would act in accordance with-it.1/
secondly,leven if one could count upon the " realism" doctrine for assurance that oublic school teachers would accompany and- l stay with school children, the " realism" doctrine ha:n no ;
applicability to the private school childran and thousands of l day-care children who would also be transported and held at ,
Holy Cross College. The " realism" doctrine is only applicable to public entities. It is inapplicable to the dozens of private day-care facilities in the Massachusetts EPZ. -
The NRC Staff also referencos a review by Richard Donovan of. FEMA of Holy Cross College and the STMC Support Plan Holy Cross Host Facility Activation and Operation Plan ("Sp HFFS 1")
as support for the view that the concerns of ALAB-932 can be ignored. It is clear from the record below that any review that Richard' Donovan did of Holy Cross as a Host School Facility took place after the close of the record on the SPMC.
When FEMA did its original review of Holy Cross it was as a Congregate Care Center. FEMA's finding of adequacy as to Holy-Cross as a Congregate Care Center was the only finding of !
record in the hearings on the SPMC. .
When FEMA did its original review of Holy Cross, there was no plan or agreement to use Holy Cross as the School Host Facility. (Tr. 21342, 21345.) The School Host Facility LOA 1/ Neither the Calondrello affidavit nor its attachments were part of the record below. ]
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r-Jesu FAG {g.011 a6
-designating Holy _ Cross College as the' School Host Facility was not signed until November of 1988, long after FEMA did its review of the SPMC's congregate care centers and the Special Population Facility at Shriners Auditorium. Furthernore, the plans that the NRC Staff refer to at page 5 - 6 of its July .3, 1 1990 memorandum reference SPMC Appendix M Revision 1.A. The version of SPMC Appendix M that was litigated in the proceedings below was Revision O. It is at best unclear from the Staff's Memorandum of July 13, 1990, and tho_ Donovan affidavit attached thereto, when Donovan did his review of Holy- I Cross as the School Host Facility or when the supplemental plans were adopted or incorporated. The effective.date of Revision 0 of the SP HFFS 1 is 12/26/89 or roughly six months .
after the close of the record on the SPMC. Certainly, there-is no indication that the SP HFFS 1 or the review referenced in the-DoncVan affidavit were encompassed by the record below.or I
considered by the Licensing Board, i
CONCLUSTON Thus, since there does not appear to be any evidence of 1
l record to establish that there is roasonable' assurance that there are adequate provisions t - the care of school children at Holy Cross, this Board should .emand the matter to the l
l Licensing Board. This issue cannot be properly disregarded under this Board's rationale in ALAB-932. Nor is it reasonable l
to direct the Licensees to simply supplement personnel at Holy Cross. It is clear from the affidavit of Anthony Calendrol;o 10 -
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attached to.the Licensees' July 11, 1990 response that they would simply amend the SPMC to designate route guides to stay on at Holy cross college to care for children. That response to the staffing problem at Holy Cross College is totally inadequate because of the second shift staffing problems for -
route, guides under the SPMC previously noted in Mass AG's appeal to this Board.
Roupectfully submitted, COMMONWEALTH OF MASSACHUSETTS NEW ENGIAND COALITION ON JAMES.M. SHANNON NUCLEAR POWER ATTORNEY GENERAL
'.h'Q \,in M b T !f*k Diano Curran, Esq. L J. >
g n Traficohte Harmon,- Curran, & Towsley e lef, Nuclear Safety Unit Suite 430 One Ashburton Place 2001 S Street, N.W. Boston, MA 02108 .
Washington, DC 20008. (617) 727-2200 SEACOAST ANTI-POLLUTION i LEAGUE'
(, A- At- Vb1 Robert Backus, Esq. Ad Backus, Maytr,=& Solomon 116 Lowell Street P.O. Box 516 ;
Manchester, NH 03106 l 1
l Dated: August 7, 1990 l l
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c weigm m ;
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I
'w :ar.nte U)NhC UNITED STATEE OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC ' SAFETY AND LICINSING APPEAL BOARD' Before Administrative Judgest ((c M ijiij{Ay BRANc5!
G. Paul-Bollwerk III, Chairman Alan S. Ro.senthal Howard A. Wilbor l
1
)
In the Matter of ) Docket Nos. 50-443-OL
) 50-444-OL PUBLIC SERVICE COMPANY )
OF NEW HAMPSHIRE, LT g. )
)
(Scabrook Station, Units 1 and 2) ) August 7, 1990 ,
I
)
i CERTIFICATE OF SERVICE l I, John Traficonte, hereby certify that on August 7, 1990, I ?
.made service of the enclosed RESPONSE OF THE INTERVENORS TO THE APPEAL BOARD MEMORANDA AND ORDERS OF JUNE 22,-1990 AND JULY 17, 1990 by telefax as indicated by (*) and by first class mail to:
Ivan W. Smith, Chairman Kenneth A. McCollom Atomic Safoty & Licensing Board 1107 W. Knapp St. '
U.S... Nuclear Regulatory Commission Stillwater, OK 74075
, East' West Towers Building.
4350 Ear". West Highway Bethesda,.MD 20814 J
Dr. Richard F. Cole Robert R. Pierce, Esq.
Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission East' West Towers. Building East West Towers Building 4350 East West Highway- 4350 East West Highway LBethesda, MD 20814 Bethesda, MD 20814.
i
, ,www i. ou . o c rv v . cows.w.m
-I l
l s
- Thomas G. Dignan. Jr.1/ )
U.S. Nuclear Regulatory Commission Ropes & Gray 1 Washington, DC 20555 One International Place H
-Boston, MA 02110 1
- Mitzi A -Young, Esq. Philip Ahrens, Esq. l E Edwin J. Reis, Esq. Assistant Attorney General j U.S. Nuclear Regulatory Commission Department of the Attorney General )
Office of the General Councal Augusta, ME 04333 1 11555 Rockville Pike, 15th Floor Rockville, MD 20852 l
M'. Joseph Flynn, Esq. Atomic Safety & Licensing Assistant General Counsel Appeal Board Office of General Counsel U.S. Nuclear Regulatory Commission ,
Federal Emergency Management . Washington, DC 20555 l Agency ;
500 C Street, S.W.
Washington, DC 20472 Robert A. Backus, Esq. Atomic Safoty & Licensing Board Backus, Meyer & Solomon U.S. Nuclear Regulatory Commission 116 Lowell Stroet Washington, DC 20555 .
P.O. Box 516 l Manchester, NH 03106 Jane Doughty Diane Curran, Esq.
Seacoast Anti-Pollution Leaguo Harmon, Curran & Towsley Five Market' Street Suite 430 Portsmouth, NH 03801 2001'S Street, N.W.
Washington, DC 20008 Barbara.St. Andre, Esq. Judith Mizner, Esq.
~Kopelman & Paige, P.C. 79 State Street 77 Franklin Street Second Floor Boston, MA 02110 Newburyport, MA 01950 Charles P. Graham, Esq. R. Scott Hill-Whilton, Esq.
Murphy & Graham Lagoulis, Hill-Whilton & Rotondi !
33 Low Street 79 State Street Newburyport, MA 01950 Newburyport, MA 01950 Ashed N. Amirian, Esq. Sonator Gordon J. Humphrey 145 South Main-Stroot U.S. Sonate P.O. Box 38 Washington, DC 20510
'Bradford, MA 01835 (Attn: Tom Burack)
Senator Gordon J. Humphrey John P. Arnold, Attorney General one Eagle Square, Suite 507 office of the Attorney General Concord, NH 03301 25 Capitol Stroot (Attn: Herb Boynton) Concord, NH 03301 1/ Hand delivery was made on August 8, 1990 by 10!00am
'n6 Paul McEachern, Esq.
Shaines & McEachern 25 Maplewood Avenue, Portsmouth, NH 03801
- Alan S. Rosenthal Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board, 5th FL. Appeal Board, 5th TL.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission >
Bethesda, MD 20814 Bethesda, MD 20814
- Howard A. Wilber Jack Dolan Atomic Safety & Licensing Toderal 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 Manaqoment State House Office Park South 107 Pleasant Street Concord, NH 03301 l
1 l
Respectfully submitted, JAMES M. SIIANNON ATTqRNEY GENERAL l i
/ ^/'
. ~ f IV lbf ,(
John Trafichnto
,Adsistant Attorney Gonoral .
/ Ahief, Nuclear Safety Unit l
/ Department of the Attorney General 1 One Ashburton Place Boston, MA 02108 (617) 727-2200 l I
I l
Dated: August 7, 1990 l
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