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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:OTHER LEGAL DOCUMENT
MONTHYEARML20195H1911999-06-15015 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 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 ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 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 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 ML20239A3341998-09-0808 September 1998 Establishment of Atomic Safety & Licensing Board.* Board Being Established to Preside Over North Atlantic Energy Service Corp,Seabrook,Unit 1 Pursuant to Request for Hearing Filed by RA Backus.W/Certificate of Svc.Served on 980908 ML20236M5541998-07-0808 July 1998 Memorandum of Law Submitted by Seacoast Anti-Pollution League & New England Coalition on Nuclear Pollution in Support of Jointly Filed Contentions 2 Through 4.* Board Should Reject Naesco Argument ML20249C3181998-06-24024 June 1998 Notice of Appearance.* Informs That DA Repka Will Enter Appearances in Proceeding Re North Atlantic Energy Service, Seabrook Station.W/Notice of Appearance for Lm Cuoco. W/Certificate of Svc ML20249B2791998-06-19019 June 1998 Notice of Appearance.* Notifies That SR Hom Enters Appearance in Matter of North Atlantic Energy Svc Corp,Iaw 10CFR2.713.W/Certificate of Svc ML20249A6641998-06-16016 June 1998 Establishment of Atomic Safety & Licensing Board.* Board Established Pursuant to Request for Hearing Submitted by RA Backus on Behalf of Seacoast Anti-Pollution League. W/Certificate of Svc.Served on 980617 ML20024H8401993-08-20020 August 1993 Joint Public Notice NH-022-93 of Draft of NPDES Permit to Discharge Into Waters of Us Under Sections 301 & 402 of Clean Water Act (the Act),As Amended,Request for State Certification Under Section 401 of the Act.... ML20081L4391991-06-28028 June 1991 Seacoast Anti-Pollution League Notice of Appeal of Licensing Board Memorandum & Order LBP-91-28.W/Certificate of Svc ML20079D2061991-06-11011 June 1991 Notice of Appeal.* Intervenors Appeal ASLB 910530 & 901218 & 0503 Memoranda & Orders Addressing Advanced Life Support Patients & Special Needs Survey Issues & Other Prior Decisions & Actions Made Final Thereby.W/Certificate of Svc ML20070V2941991-03-29029 March 1991 Memorandum in Support of Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Motion Should Be Granted Since Shelter Option for General Beach Population Unavailable.W/Certificate of Svc ML20070U4941991-03-15015 March 1991 Supplemental Memo Opinion & Order Authorizing Acquisition of Public Svc Co of Nh & Related Financings.Request for Reconsideration Granted & Request for Evidentiary Hearing Denied ML20070M0811991-03-0707 March 1991 Notice to Appeal Board.* Forwards 910306 Executive Order 303 Issued by Governor Weld Re Public Safety & Issuance of Full OL for Plant.W/Certificate of Svc ML20070G2871991-02-25025 February 1991 Amended Procedural Order 1 Re Decommissioning Fund ML20066G9891991-02-0808 February 1991 Notice of Withdrawal of Appearance.* Requests Withdrawal of Jp Trout as Counsel for Licensee in Proceeding. W/Certificate of Svc ML20067C5571991-01-30030 January 1991 Certificate of Svc.* Certifies That Document Entitled Memorandum Served on Same Date to Listed Individuals ML20067C4361991-01-29029 January 1991 Memorandum.* Forwards Global Page 0000082,inadvertently Omitted in Some Copies of Licensee Response to 910124 Memorandum & Order ML20070A0811991-01-11011 January 1991 Advise to Appeal Board.* Informs Board That Five Working Days Exist Between Date Old & New Atty General Takes Ofc. Date & Response to Order Due.W/Certificate of Svc ML20070A1641991-01-10010 January 1991 Memorandum of Intervenors on Remanded Sheltering Issues.* Intervenor Believes Present Record Does Not Contain Sufficient Evidence on Issues for Finding of Reasonable Assurance Re ALAB-939.W/Certificate of Svc ML20066D5421991-01-0202 January 1991 Notice of Appeal.* Appeals ASLB 901218 Memorandum & Order Addressing Advanced Life Support Patients & Special Needs Survey Issues.W/Certificate of Svc ML20062H6241990-11-27027 November 1990 Correction Memorandum.* Lists Minor Editorial Revs to Text of ALAB-941.W/Certificate of Svc.Served on 901127 ML20062H6211990-11-27027 November 1990 Advises That 910123 Prehearing Conference Will Be Held in Bethesda,Md.W/Certificate of Svc.Served on 901127 ML20028H2951990-11-19019 November 1990 Notice of Filing.* Forwards Ltrs from Gc Peterson of FEMA to NRC & State of Nh Notifying of FEMA Approval of State of Nh Radiological Emergency Response Plan,Per 44CFR350.12. W/Certificate of Svc ML20065K3991990-11-0101 November 1990 Licensee Response to Aslab Order of 901024.* Advises That Scope & Extent of Play of 901213 Exercise Does Not Take Account of Allegations Set Out in Ref Contentions,Except for One Minor Matter.W/Certificate of Svc ML20065J3491990-10-30030 October 1990 Notice of Filing.* Submits Ltrs from Gc Peterson to NRC, State of Nh & Util.Ltrs Notify Each Party of FEMA Review & Approval of Prompt Alert & Notification Sys for Facility. W/Certificate of Svc ML20062C2931990-10-19019 October 1990 Correction Memo.* Listed Corrections Made in Published Text of ALAB-940.W/Certificate of Svc.Served on 901022 ML20059M5891990-09-19019 September 1990 Notice of Withdrawal.* Advises of Author Withdrawal of Appearance in Proceeding & Requests That Svc Lists Be Amended to Delete Name.W/Certificate of Svc ML20056B2121990-08-0707 August 1990 Memorandum.* Infers That Hypothesis of Ofc of Inspector General Investigation Into Circumstances Re Issuance of 891109 Partial Initial Decision Did Not Authorize Issuance of Ol.W/Certificate of Svc.Served on 900807 ML20055G6931990-07-12012 July 1990 NRC Staff Status Rept Re Licensee Interim Plan Rev.* Forwards NRR Review of Util Submittal on Implementing Sheltering Option for Plant Beach Population.W/Certificate of Svc ML20055F5721990-07-0202 July 1990 Addl Correction Memorandum.* Advises That Listed Minor Editorial Revs Will Be Made in Published Text of ALAB-932. W/Certificate of Svc.Served on 900703 ML20055F5501990-06-29029 June 1990 Memorandum.* Forwards 900424 & 0604 Ltrs from Board of Selectmen of Town of Hampton Falls,Nh,For Svc.W/Certificate of Svc.Served on 900702 ML20058K7691990-06-26026 June 1990 Memorandum.* Advises That Jh Carpenter Requested That Name Be Removed from Plant Proceeding Svc Lists.Certificate of Svc Encl.Served on 900627 ML20043H2881990-06-19019 June 1990 Notice of Filing.* Forwards FEMA May 1990, Review & Evaluation of Seabrook Plan for Massachusetts Communities, Findings & Determinations for Seabrook Nuclear Power Station & Gc Peterson 900615 Ltr.W/Certificate of Svc ML20090C4851990-05-28028 May 1990 Comments of State of New Hampshire Re Nhrerp Sheltering & LBP-90-12.* Concurs W/Aslb Request for Further Guidance from ASLBP Re Implementation of Sheltering Provisions Which Are Part of Nhrerp.W/Svc List ML20043A6711990-05-16016 May 1990 Notice of Appeal on Behalf of Seacoast Anti-Pollution League.* Seacoast Anti-Pollution League (Sapl) Separate Appeal of Portion of LBP-90-12 Purporting to Grant Sapl Motion to Withdraw Noted ML20042G8421990-05-11011 May 1990 Notice of Appeal & Related Motion as to LBP-90-12.* Intervenors Move for Order Deeming Pleadings,Brief & Argument on Specific Claims of Error in LBP-90-12 ML20012E7861990-04-0202 April 1990 Notification of Change of Address.* States Change of Address Effective on 900331.Certificate of Svc Encl ML20006D8161990-02-0909 February 1990 Notice of Filing.* Submits Two Repts Updating Matls Included in FEMA Dec 1988 Consolidated Finding on Plant.Certificate of Svc Encl ML20005G0571989-12-21021 December 1989 Correction to Applicant Motion to Modify Svc List.* Moves That Duplicate Copies of Filings Not Be Served to Senator G Humphrey at Concord Ofc in Addition to Washington Ofc.W/ Certificate of Svc ML19351A6901989-12-0404 December 1989 Certificate of Svc.* Certifies That Author Made Svc of Listed Documents on 891204 to M Young & E Reis of NRC ML19332D8431989-11-27027 November 1989 Errata.* Amends Intervenors Motion to Add Addl Basis to late-filed Contention Attached to 891109 Motion to Reflect Listed Corrections.W/Certificate of Svc ML20011E6261989-11-17017 November 1989 Statement of R Sawyer Re New Hampshire Yankee.* Discusses Concerns w/891103 Affidavit Taken by Commonwealth of Ma Atty General Ofc,Including Fact That Agency Had No Authority to Participate in Public Safety Planning.W/Certificate of Svc ML19332D7131989-11-13013 November 1989 Erratum W/Respect to Applicant Petition for Review of ALAB-924.* Advises That Word Temporary Appearing in Line 2 of Page 9 of Petition Should Read as General. Certificate of Svc Encl ML19354D5331989-11-0808 November 1989 Withdrawal of Motion.* Withdraws Intervenors Motion to Admit late-filed Contention & Reopen Record on Spmc Based on Withdrawal of Commonwealth of Ma Emergency Broadcast Sys Network & Wgcy Filed on 891030.W/Certificate of Svc ML19327B6881989-10-25025 October 1989 Applicant Response to Intervenors Statement of Matl Facts Not in Dispute.* Certificate of Svc Encl ML19325E0071989-10-20020 October 1989 Notice of Appeal.* Appeals Licensing Board 891012 Memorandum & Order LBP-89-28 Denying Intervenors Motions to Admit Low Power Testing Contentions & Bases or to Reopen Record & Requests for Hearing ML20248J3351989-10-12012 October 1989 Notice of Appointment of Adjudicatory Employee.* Advises That Lk Cohen of NRR Appointed to Advise Commission on Issues in Proceeding Re Emergency Planning Requirements.W/ Certificate of Svc.Served on 891012 1999-06-15
[Table view] |
Text
O
- UNITED STATES OF AMERICA US[I,yE NUCLEAR REGULATORY COMMISSION "E
^
" ~ 1 3 ,'Ji ;i 5 BEFORE THE ATOMIC SAFETY AND LICENSING SOARD
)-
In the Matter of )
}-
PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 NEW H AMPSH IRE , et al. ) 50-444
)
(Seabrook Station, Units 1 "
. )
and 2) .)
)
NENCP PROPOSED SCHEDULk FOR EMERGE'NCY PLANNING HEARINGS As the Board requested, NECNP submits the schedule for litigation of of f-site emergency planning contentions that n .m - - _
NECNP proposed at the April 7 and 8 prdh'eaYing conference.
We
, first present the schedule itself, and then d.iscuss it briefly.
Schedule As Proposed April 8, 1983:
l Before June 20, 1983 Three"(3) of Six (6) Ma5schu-setts local plans received, and contentions filed within thirty (30) days, June 20 N.H. plans received by parties July 20 Contentions due on N.H. plans August 10 . Responses to contentions are due August 24 Prehearing. conference on all n.ew emergency planning con-tentions.
September 7 Board rulings on admiss-
, ability of all new emergency
- planning contentions; begin-ing of discovery B304180404 830413 PDR ADOCK 05000443 G PM l - _ _ - - . . - _ - . . - . - . . . __ _-. -_ _ . _ _ . _ -
November 7 '
Close of discovery
' November 21 Deadline for filing summary
- disposition motions November 28 Board rules on summary dis-position motions December 28 ,
District testimony is filed w._ January 15, 1984 _ Rebuttal testimony
~
January 25 Hearing begins.
Discussion .
- 1. This schedule contemplates a total of approximately l seven (7) months for the pre-hearing litigation of all off-site emergency planning contentions. It does not contemplate an eleven (11) month period, as the Board seemed to'believe.
Measuring from June 1983, the month that the bulk o5 the emergency plans will become available (and the first time that it is even possible to consider what issues should be ,
litigated, much less to begin litigation), an eleven (11) month period wo,uld lead to a hearing in May 1984, not January 1984.
o G
.e
The Board may have developed'its eleven (11) month estimate based on the time from April 8,1983 (the date on which the schedule was discussed), to March 1984 (the hearing date resulting from NECNP's original development of the schedule, but not proposed to'the Board). If so, the Board apparently did not understand that NECNP had cut two months from its own original proposal. TheJanuarh25hearingdateisnine(9) months from April . B, 1983. ._Even then, ,however ,: nine (9 ) months is a grossly misleading figure. The total period for litigation prior to the hearing itself must be measured not u _= _ from some arbitrarily chosen date before. litigation _begins, but from the point at which the parties have access to the information on which the litigation would be' based.~That period would be less than seven (7) months if it ended on .
January 15, 1984. .
- 2. Even this schedule is a compromise. According to the schedule provided by the Federal Emergency Management Agency, the local plans of half of the affected towns in' Massachusetts will not be available until after June 20, 1983. Thus, intervenors will be forced to review and develop contentions on l
the basis of those plans at the same time that they are ,
l preparing to litigate the earlier plans.
In addition, under the schedule set out above and that l
- - provided by FEMA, intervenors would be forced to review state and local emergency plans beginning as early as May 8, and to develop and file contentions as early as June 7. They would i
y
have to undertake this effort at the same time that they were preparing for the safety hearing in June. This can only result in h'urried reviews and contentions that do not assure the most efficient or effective resolution of the issues of concern to the public.
- 3. More important, the very concept of attempting to establish a schedule and'begin' litigation _ at this point is premature. We will not evep have the b,asic documents underlying the litigation for another two months. We cannot know until then how extensive'this litigation is likely to be or what sort of schedule it would reasonably require. If there x u.m_
.are few issues in dispute, a tight scheduie such as that proposed by NECNP might be reasonable. But if there'are many
~
issues in dispute, more time may be needed. A reasoned .,
judgment as to schedule should be made at the tige the relevant information is available and not before. Indeed, the attempt to establish a schedule now severely prejudices the integrity of the hearing by placing artificial limits on the litigation.
As has been true to date, the initially established 11mits may well become set in concrete. Parties will be required to l
' demonstrate good cause for extending the limits, when the limits should not have been imposed in the first place.
- 4. I,n addition, as NECNP noted during the pre-hearing
_ conference, it is willing and eager to work with the Federal Emergency Management Agency in evaluating and improving the w
- 4 g
local emergency plans'. We made that commitment to FEMA late last year. We have no doubt that the states, towns, and other inte'rvenors are also anxious to be involved in the planning process in a productive way. This expressed willingness to cooperate offers a unique opportunity to refine and improve emergency planning in the Seabrook area outside the unduly adversary context of litigatid$. With ti.me and good will on all sides, much can be accopplished, an,d the pu.blic may be able to develop some sense,of productive involvement and of _
confidence that the emergency' plans reflect reality. While it
. _ m__.
is unlikely that all differences can be resolved or that all intervenors will be conv-inced that even the best emergency plan
~
will provide adequate protection, the plans would be'better, public acceptance would be greater, and the issues for .,
litigation would be narrower and more clearly defined.
None of the above is possible under the schedule proposed by the NRC Staff, or even under that proposed by NECNP. The schedule that would best serve the public interest would provide for a period of several months between the time the local plans become available and the time that contentions must be filed. That time would be used for productive public .
involvement outside the context of litigation.
The goal of such public involvement in order to achieve the
- optimum result should be an important, if not primary 9
e
'* e ,
e---- -..-, , , . , _ , -- - - . . -
~
consideration in deve1oping the schedule for this proceeding.
In private litigation, emphasis on expedition is appropriate since the goal of resolving the dispute is nearly as important to public policy as the goal of ashuring the correct result.
The same is not true here. This is public litigation, in which the goal is not simply to resolve the dispute so that others can be addressed, but to assuie that the resolution of the dispute is correct, so that_the public ,will be : adequately -
protected. .
- 5. Since the scheduling of off-site emergency planning
. . , = - litigation is premature at this time, and since it would disrupt potentially fruitful efforts to raise and resolve public concerns, NECNP urges the Board to direct th'at contentions need not be filed for six (6) months after the..date the New Hampshire plans become available to the parties. The Board should also provide for monthly reports from the parties during that time period to assure that they are working productively to evaluate and improve the plans before litigation must begin. In addition to allowing a productive, l
non-litigation approach to the issues, while retaining Board control to assure that such an approach was being attempt.ed in good faith, this would serve as an important signal to the public that the Board is not governed by the utility's
- distinctly private interest in loading fuel precisely when it k
=
e
p..._--,_
7-would like to, but by the public interest in assuring the best possible outcome of the emergency planning process.
'6 . Even with this additional six (6) month period, the total pr e-hearing litigation period would be less than that allowed for the safet contentions, assuming a hearing begins in June 1983. The total of the seven (7) months in NECNP's schedule as proposed at the pfd-hearing conference, plus the additional six (6). months would be thir, teen (13:) months, one less than provided for by the Board between the Apri1 1982 filing of safety contentions 'and the contemplated hearing date.
. ,__ . 7. NECNP's originally proposed seven (7) month , schedule contrasts even more sharply with that for-the safety issues.
Less than half as much time would be allowed 'for lit'igation of twenty-three (23) local plans and two (21 state p1'ns, a all.,
involving the issue of greatest concern to the residents of the New England seacoast. -
Where one or two experts might be consulted with respect to each technical safety contention, emergency plans and related contentions require consultation with many more people. Each town and state has its po' lice and emergency officials, as well as transportation and medical facilities. All of the relevant personnel would have to be contacted in order to prepare to litigate, emergency planning concerns. Thus, proper preparation for this' litigation requires consultation with at least l
approximately one hundred (100) such individuals. This figure l .
_ . . _ _ _ ~ . . _ . - _
r_. _
~ ~ . - ~ . _ _ . . . _ _ _ . _ . . _ . . . . . . _ ,
does not include other experts or consultants who should exaraine the issues from a broader perspective or address matters such as accident consequence analysis that are integral 4
to any evaluation of the adequacy of emergency planning.
For these reasons," even NECNP's originally proposed schedule is unreasonably tight.
- 8. At the hearing, NECNP '5ttempted to argue that the Board should take into accoutn.the severe res,trictions on the ,
resources available to citizen intervenors. NECNP's argument was cut off by the Board, which apparently believed NECNP was
.r. appealing for the Board or the Commission to provide such resources. Although it would be justifie8 in doing so, and it would serve the interests of the Board and the Commi'ssion to provide such resources, NECNP made no such plea. NECNP is.,
aware of the restrictions on intervenor funding..
The lack of resources, specifically including the denial of intervenor funding, strongly supports the point that NECNP was attempting to make. If this hearing is to serve'the public purpose of gathering the relevant information and assuring that
< a decision is reached only on the basis of a complete record, the Board must take intervenor resource limitations into I account. If it cannot provide funding, it must provide time for prepa, ration by volunteers and others who will be assisting
- the intervenors in their spare moments. Any schedule that does 5
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not reflect this prin~ciple threatens to make a sham of the entire proceeding, and particularly of the concept that NRC hear'ir.gs should be useful tools in the Commission's decisionmaking process. Nothing in Commission regulations, Congressional materials, or elsewhere prevents the Board from thus basing its schedule on the need for a full and fair hearing. _
- 9. Finally, e.ven the apparently ov,erriding concern with finishing the hearing,in time to allow the utility to fuel and operate the reactor without t'he slightest delay'does not v.;,__. . justify expediting this hear.ing as proposed by the staff, or even following the schedule proposed by NECNP, with a hearing in January 1984. The fuel load date for Seab' rook Un'it No. 1 is now expected to be January 1,1985, according to George Gantz of the staff of the New Hampshire Public Utility.C:.mmission 4
(telephone conversation, April 12, 1983). A schedule that provided for the emergency planning hearing to begin in July 1984, thus accomodating the six (6) month period' proposed by NECNP, would allow a decision by the end of 1984 and fuel load in 1985 if the decision were favorable.
For these reasons, NECNP urges the Board to adopt the following schedule:
_ 'l. Contentions on off-site emergency planning issues are due$six (6) months from the date the New
- Hampshire local plans are received.
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- 2. The litigation' schddule from that point forward t
would be the same as that proposed by the NECNP at the beginning of this document, with the dates changed to reflect the initial six (6) month period.
If the Board rejects this approach, we urge, at a minimum, that it adopt the NECNP proposed scbedule without the initial six (6) month period. _
. Respectfully submitted, v._- - h William, orda((kIII b
Diane Curran HARMON-& WEISS ..
1725 I Street, N.W.
Suite 506 -
Washington, D.C. 20006 (202) 833-9070 -
April 1:3, 1983
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CERTIFfCATE OF SERVICE I certify that on April 13, 1983, copies of NECNP REWORDED CONTENTION I.D.2., TESTING OF MANUAL REACTOR -.-
TRIP ACTUATION FUNCTION and NECNP P'ROPOSED SCHEDULE FOR' i
' EMERGENCY PLANNING HEARINGS were served by first-class mail or as otherwise indicated on the following: -
'83 $ 13 ml:15 ;
i . 1 4
Helen Hoyt, Esq., Chairperson Rep. Roberta C. -Pevear Atomic Saftey and Licen' sing Board 'DrinkwateriR' oad:
l Panel Hampton Falls, NH 03844 U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Emmeth 7. Luebke -
Phillip Ahrens, Esq.
Administrative Judge Assistant Attorney General
- . Atomic Saftey and Licensing Board . State House, Station #6 I
U.S. Nuclear Regulatory Commission Augusta, ME 04333 Washington, DC 20555 ,
Dr. Jerry Harbour Robert A. Backus, Esq.
, Administrative Judge 111 Lowell Street
"' Atomic Saftey and Licensing Board - c -Manchester, NH 03105
) U.S. Nuclear Regulatory Commission .
Washington, DC 20555 Atomic Saftey and Licensing Board Thomas G. Dignan, Esq.
Panel R. K. G a d ',, I I I , Esq.
U.S. Nuclear Regulatory Commission Ropes and Gray Washington, DC 20555 225 Frank,lin Street Boston', MA 02110
^
Atomic Saftey and Licensing Appeal Dr. Mauray Tye, President Board Panel Sun Valley Asociation U.S. Nuclear Regulatory Commission 98 Emmerson Street Washington, DC 20555 Haverhill, MA 01830 Docketing and Service Roy P.*Le'ssy, Jr. Esq.
U.S. Nuclear Regulatory Commission Robert G. Perlis, Esq.
Washington, DC 20555 Office of the Executive
- . Legal Director
! Maynard B. Pearson U.S. Nuclear Regulatory Director of Civil Defense Commission -
Town Hall Washington, DC 20555 Amesbury, MA 01913 Rep. Beverly Hollingworth Anne Verge, Chair Coastal Chamber of Commerce Board of Selectmen 822 Lafayette Rd. ,
Town Hall P.O. Box 596 .
South Hampton, NH 03842 Hamptop, NH 03842 Jo Ann Shotwell, Esq. George Dana Bisbee, Esq.
Assisfant Attorney General Edward L. Cross, Jr., Esq.
Department of the Attorney Asst. Atty. Generals General State House Annex 1 Ashburton Place, 19th Floor Concord, NH 03301
- .Bo,ston, MA 02108 .
J
John B. Tanzer Letty Hett, Selectman Town of Hampton. Town of Brentwood 5 Morningside Drive RFD Dalton Road Hampton, NH 03842 Brentwood, NH 03833 Edward F. Meany Sandra Gavutis Towntof Rye Town of Kensington 155 Washington Road EFD 1 ,
Rye, NH 03870 East Kensington, NH 03827 Ruthanne G. Miller, Esq.
- Diana P. Sidebotham Law Clerk to the' Board R.F.D.2 Atomic Safety and Licen' sing Board Dutney, VT 05346 U.S. Nuclear Regul'atory Comm'ssion Uashing ton, DC 20555 Diane Curran
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