ML20078F762

Motion for Leave to File Response to NRC & Applicant Answers to Atty General Fx Bellotti Motion for Reconsideration of ASLB Ruling on Evacuation Time Estimate Preparation Time. Certificate of Svc Encl

ML20078F762
Person / Time
Site:	Seabrook
Issue date:	10/03/1983
From:	Shotwell J MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8310110152
Download: ML20078F762 (5)

Text

. _ _

l 00gETED UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION 1 ATOMIC SAFETY AND LICENSING BOARD 3 OCT-6 N038 I it yy 0FilcE OF }Cfpp\

5 BEFORE ADMINISTRATIVE JUDGES: 000ELjy$NCH Helen F. Hoyt, Chairman Dr. Emmeth A. Leubke Dr. Jerry Harbour

)

IN TEE MATTER OF )

) Docket Nos.

PUELIC SERVICE COMPANY OF )

NEW EAMPSHIRE, ET AL., ) 50-443-OL

) 50-444-OL (SEAEROOK STATION, UNITS ) October 3, 1983 1 and 2) )

)

. MOTION OF ATTORNEY GENERAL FRANCIS X. BELLOTTI FOR l LEAVE TO FILE RESPONSE TO THE ANSWERS OF THE STAFF AND APPLICANTS TO HIS MOTION FOR RECONSIDERATION OF BOARD RULING ON " PREPARATION TIME" On September 9, 1983, Attorney General Bellotti filed a Motion for Reconsideration of the Board's summary dismissal .

of the portion of an NECNP Contention alleging that the Applicants' evacuation time study failed to consider the phenomenon of preparation time. On September 19 and September 26, respectively, the Applicants and Staff filed answers to that Motien, stating that they had no objection to it provided the Board did not hold a hearing on the issue after reversal of i s summary disposition decision. Attorney General Bellotti 9310110152 831003 PDR ADOCK 05000443 G PDR m

4' hereby requests that the Board accept this brief response to those answers. _

i Reversal of a decision summarily dis' missing a contention

~

(or a part thereof)~ necessitates a'hearin on the contention (or part ,thereof) previously dismissed. The fact that the Applicants and Staff feel that some relevant testimony (from their perspective) was elicited during cross-examination at t the last hearing does not relieve the Board of its obligation to offer intervenors an opportunity to present testimony on the issue. Attorney General Bellotti had offered such testi-mony, limited to the Applicants' simultaneous beach area estimate and the preparation phenomenon as it relates specifically to the beach areas, in the Rebuttal Testimony of Philip Herr. That testimony was struck.

In short, if the Board determines that it erred in foreclosing a hearing on the issue of preparation time, then it must conduct such a hearing in order to correct that error.

Attorney General Bellotti and other intervenors must be allowed an opportunity to present evidence on the issue (and as it relates to the Applicants' entire evacuation time study, not merely its beach area estimate) and to cross-examine any witnesses of the App,licants or Staff thereon.

Respectfully submitted, FRANCIS X. BELLOTTI ATTORNEY GENERAL By: /

Jo[pnShotwell AsT1stant Attorney General Environmental Protection Division One Ashburton Place - 19th Floor Boston, MA 02108 '

Dated: October 3, 1983  ;

i

. . . - - ~ , - , , , - - .

, . - - - . . ., - . , , - - - - - . . - . - , , . - n --.

.  ?

CERTIFICATE OF SERVICE ,

I, Co A.n Shotwell, Esquire, counsel forl Massachusetts Attorney  ?

General Francis X. Bellotti, hereby certify that on October 3, 1983, I  :

nade service of the Motion of Attorney Genera 1 Francis X. Bellotti for Leave to File Response' to the Answers of the Staf f and Applicants to His Motion for Reconsideration of Board Ruling on. " Preparation Time" by  ;

railing copies thereof, postage prepaid, to the parties named below: 3 Eelen H;yt, Chairperson Rep. , Beverly Hollingworth Aconic Safety and Licensing Coastal Chamber of Commerce Board Panel 209 Winnacunnet Road U.S. Nuclear Regulatory Commission Hampton, NH 03842 Washing:en, DC 20555 Er. "r ,eth A. Luebke William S. Jordan, III, Esquire 3 Atonic Safety and Licensing Diane Curran Ecard Panel Harmon & Weiss U.S. Nuclear Regulatory Commission 1725 I Street, N.W.

Washington, DC 20555 Suite 506 Washington, DC 20006 Er. Jerry Earbour Edward L. Cross, Jr., Esquire ,

Ato:ic Safety and Licensing Assistant Attorney General  :

Board Panel Dana Bisbee, Esquire U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, DC 20555 Office of the Attorney General 208 State House Annex Concord, NH 03301 Atotic Safety and Licensing Appeal Roy P. Lessy, Jr., Esquire Board Panel David A. Repka, Esquire ,

U.S. Nbclear Regulatory Commission Robert G. Perlis, Esquire Washington, DC 20555 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555

~

Atomic Safety and Licensing Robert A. Backus, Esquire Board Panel 116 Lowell Street U.S. Nuclear Regulatory Commission P.O. Box 516 Washington', DC 20555

~

Manchester, NH 03105 Philip Ahrens, Esquire Dr. Mauray Tye Assistant Attorney General Sun Valley Association Department of the Attorney 209 Summer Street General Haverhill, MA 01830 Augusta, ME 04333 i

David R. Lewis Thomas G. Dignan, Jr., Esquire -l Atomic Safety and Licensing Robert K. Gad, III, Esquire Board Panel Ropes & Gray U.S. Nuclear Regulatory Commission 225 Franklin Street Rm. E/W-439 Boston, MA 02110 Washington, DC 20555 Charles Cross, Esquire Ms. Olive L. Tash Shaines, Madrigan, & McEachern Designated Representative of 25 Maplewood Avenue the Town of Brentwood P.O. Box 366 R.F.D. 1, Dalton Road Portsmouth, NH 03801 Brentwood, NH 03833 Roberta C. Pevear Edward F. Meany Designated Representative of Designated Representative of the Town of Hampton Falls the Town of Rye Drinkwater Road 155 Washington Road Hampton Falls, NH 03844 Rye, NH 03870 Mrs. Sandra Gavutis Calvin A. Canney Designated Representative of City Manager the Town of Kensington City Hall RFD 1 126 Daniel Street East Kingston, NH 03827 Portsmouth, NH 03801 Patrick J. McKeon Jane Doughty Selectmen's Office Field Director 10 Central Road Seacoast Anti-Pollution League Rye, NH 03870 5 Market Street Portsmouth, NH 03801 Richard E. Sullivan, Mayor Docketing and Service Section Town Hall Office of the Secretary Newburyport, MA 01950 U.S. Nuclear Regulatory

. Commission Washington, DC 20555 Brian P. Cassidy Representative Nicholas J. Costel1@

Regional Counsel FEMA Region 1 1st Essex District Whitehall Road John W. McsCormack Post Of fice Amesbury, MA 01913

& Courthouse ,

Boston, MA 02109 Mr. Angie Machiros, Chairman Diana P.

Newbury Board of Selectmen Randall Town of Newbury, MA 01950 70' Collins Street Seabrook, NH 03874 Patrick J. McKeon Chairman of Selectmen, Rye, Anne Verge, Chairperson New Hampshire Board of Selectmen Town Hall 10 Central Road South Hampton, NH Rye, NH 03870 03842 Donald E. Chick Town Manager Maynard B. Pearson Town of Exeter Board of Selectmen 10 Front Street 40 Monroe Street New Hampshire Amesbury, MA 01913 03833 Selectmen of North Hampton Mr. Daniel Girard Town of North Hampton New Hampshire 038G2 Civil Defense Director 25 Washington Street Salisbury, MA 01930 Senator Gordon J. Humphrey 1 Pillsbury Street Senator Gordon J. Humphrey U.S. Senate Concord, NH 03302 Washington, D.C. 20510 (Attn: Herb Boynton) (Attn: Tom Burack)

Signed under the pains and penalties of perjury, this 3rd day of October, 1983.

aAnndShotwell V , m/f

sistant Attorney General Environmental Protection Division Public Protection Bureau One Ashburton Place Boston, MA 02108

-- - . --