ML20212A996

Answer Opposing Seacoast Anti-Pollution League 860716 Fifth Supplemental Petition for Leave to Intervene Due to Lack of Basis &/Or Failure to Adequately Satisfy late-filing Provisions of Regulation.Certificate of Svc Encl

ML20212A996
Person / Time
Site:	Seabrook
Issue date:	07/29/1986
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-187 OL, NUDOCS 8608060124
Download: ML20212A996 (8)

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Dated: Juky , 986 ,

NO:09 UNITED STATES OF AMERICA c(flr;,

NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NEW HAMPSHIRE, et al. ) 50-444-OL

) On-site Emergency Planning (Seabrook Station, Units 1 and 2) ) and Safety Issues

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APPLICANTS' ANSWER TO SEACOAST ANTI-POLLUTION LEAGUE'S FIFTH SUPPLEMENTAL PETITION FOR LEAVE TO INTERVENE Under date of July 16, 1986, Seacoast Anti-Pollution League (SAPL) filed a "Fifth Supplemental Petition for Leave to Intervene." (SAPL Petition). The SAPL Petition seeks to inject a late-filed contention into the proceeding as follows:

"The Draft License for Seabrook Station, Unit No. 1, No. NPF-56, fails to meet the standards for licenses at 10 CFR $ 50.40 and 10 CFR $ 50.36(c)(1), (c)(2), (c)(3) and (c)(4) because the Technical Specifications which are Appendix A to the Draft License, are incomplete."

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The basis of this contention is that a draft license for Seabrook Station Unit I distributed by the Staff under date j of June 20, 1986 did not contain fifteen figures enumerated at pages 3-4 of the SAPL petition. SAPL's filing ignores 1

the Staff Letter distributed under date of June 26, 1986,2 a j copy of which, with enclosure, is shown to have been sent both to SAPL's field director and its counsel which is f entitled " Changes to the Seabrook Final Draft Technical Specifications." The enclosures to that letter contained all of the figures enumerated in the SAPL Petition save one

! (Figure B 3/4.4-2). This particular figure, which is part i

of the bases and not part of the technical specifications, j as such, is attached hereto and marked "A." Thus there is i

i no factual basis for the assertion that the technical j specifications are incomplete as made on the Statement of  !

Basis for the contention. And the contention should be rejected for lack of basis.

Prescinding from the foregoing, SAPL's new contention I does not satisfy the "five factors" of the regulatory late-filed contention test set out in 10 CFR $ 2.714 as seen

, below, i

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i 1 Letter Novak to Harrison (June 26, 1986).

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1. Good Cause, if any to file on time SAPL bases its good cause argument on the facts that "SAPL was not in possession of, and could not have anticipated the contents of the Draft License -- nor the

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Technical Specifications (which are Appendix A to the Draft License). SAPL received both of these documents in the 4th week of June 1986." However Draft Technical Specifications are required to be included in the FSAR filed as part of an operating license application. 10 CFR $ 50.34(b)(6)(vi).

In the case of Seabrook such Draft Technical Specifications were submitted as a separate volume of the FSAR referenced in Chapter 16 of Volume 13. When, as and if SAPL desired that certain provisions or limits be included in the Technical Specifications a contention to that effect should have been made at the outset of the proceeding.

2. Availability of other means to protect petitioners' interest This factor, as usual, weighs in favor of the petitioner.

3. Extent to which petitioner can contribute to development of a sound record This third factor is one of great importance and requires a demonstration that the petitioner " demonstrate that it has special expertise on the subjects it seeks to raise." Commonwealth Edison Co. (Braidwood Nuclear Power Station, Units 1 & 2), CLI-86-8, 23 NRC 241, 246 (1986).

4 This requires a petitioner to " set out with as much particularity as possible the precise issues it plans to cover, identify its prospective witnesses, and summarize their proposed testimony." Mississippi Power & Light Co.

(Grand Gulf Nuclear Station, Units 1 & 2), ALAB-204, 16 NRC 1725, 1730 (1982); quoted with approval in CLI-86-8, supra, at 246. SAPL has made no showing on this factor.

4. The extent to which other parties will represent petitioners' interest This factor as usual weighs in favor of the petitioner.

5. Broadening and delay of proceeding SAPL concedes the proceeding will be delayed if this t

contention must be litigated.

The first, third and fifth factors weigh against SAPL 4

. the first and third heavily so) .

. The second and fourth

! actors which are " accorded less weight", CLI-86-8, supra, at 245, favor SAPL. The balance is therefore against admission of the contention.

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CONCLUSION The petition should be denied for lack of basis and/or failure to adequately satisfy the late-filing provisions of the regulations.

i Respectfully submitted, 3:W,ff'l s .7 W . -

Thoinas G.Mnan, Jr.

R. K. Gad III Ropes & Gray i 225 Franklin Street Boston, MA 02110 (617) 423-6100 4

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1 CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the' l Applicants herein, hereby certify that on July 29, 1986, I made service of the within document by mailing copies thereof, postage prepaid, to:

Administrative Judge Sheldon J. Stephen E. Merrill, Esquire

. Wolfe, Esquire, Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Dr. Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Richard A. Hampe, Esquire Board of Selectmen Hampe and McNicholas Town Office 35 Pleasant Street Atlantic Avenue Concord, NH 03301 North Hampton, NH 03862 Andrea C. Forster, Esquire Sherwin E. Turk, Esquire Diane Curran, Esquire Office of the Executive Legal Harmon & Weiss Director Suite 430 U.S. Nuclear Regulatory 2001 S Street, N.W. Commission Washington DC 20009 Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Atomic Safety and Licensing Mr. Ed Thomas Board Panel FEMA, Region I U.S. Nuclear Regulatory 442 John W. McCormack Post Commission Office and Court House Washington, DC 20555 Post Office Square Boston, MA 02109

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Paul McEachern, Esquire Carol S. Sneider, Esquire l l Matthew T. Brock, Esquire Assistant Attorney General l

, Shaines & McEachern Department of the Attorney General i 25 Maplewood Avenue One Ashburton Place, 19th Floor l P.O. Box 360 Boston, MA 02108

Portsmouth, NH 03801

[ Gary W. Holmes, Esquire Mr. Peter J. Matthews

Holmes & Ells Mayor .

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47 Winnacunnet Road City Hall Hampton, NH 03841 Newburyport, MA 01950 l

Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager i RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801

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Senator Gordon J. Humphrey Mr. Angie Machiros U.S. Senate Chairman of the Washington, DC 20510 Board of Selectmen

, (Attn: Tom Burack) Town of Newbury Newbury, MA 01950 t

Senator Gordon J. Humphrey Mr. J. P. Nadeau 1 Pillsbury Street Selectmen's Office

Concord, NH 03301 10 Central Road I

(Attn: Herb Boynton) Rye, NH 03870 t

l-Mr. Thomas F. Powers, III Mr. William S. Lord i 1

Town Manager Board of Selectmen Town of Exeter Town Hall

, 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 l H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency

, 500 C Street, S.W. Judith H. Mizner, Esquire

] Washington, DC 20472 Silvergate, Gertner, Baker l

Fine, Good & Mizner 1 Philip Ahrens, Esquire 88 Broad Street Assistant Attorney General Boston, MA 02110

Department of the Attorney General i Augusta, ME 04333

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