ML20246E466

Advises That Commonwealth of Ma Atty General Ofc Objects to Illegal & Inadequate Notice Provided Re ACRS Subcommittee Meeting on 890817 Concerning Emergency Plans for Facility. Related Correspondence

ML20246E466
Person / Time
Site:	Seabrook
Issue date:	08/18/1989
From:	Brock M MASSACHUSETTS, COMMONWEALTH OF
To:	Remick F Advisory Committee on Reactor Safeguards
References
CON-#389-9079 OL, NUDOCS 8908290136
Download: ML20246E466 (2)

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I' 8 iTHE COMMONWEALTH OF MASSACHUSETTS b [ DEPARTMENT OF THE ATTORNEY GENERAL g @AsafN JOHN W. McCoRM ACK STATE OFFICE BUILotNG

oNE ASHBURToN PLACE. BOSTON o2108-1698

• B9 E 23 All 53 JAMES M. SHANNON '

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Forrest J. Remick Chairman, ACRS

-Associate V.P. Research Penn. State University 114 Kern Building University Park, PA 16802 Re: ACRS Meeting /Seabrook Nuclear Power Plant

Dear Sir:

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This is to advise that the Massachusetts Attorney General's office objects to the illegal and inadequate notice provided to this office concerning the ACRS subcommittee meeting held August 17, 1989, on emergency plans for the

-Seabrook Nuclear Power Plant. In violation of Commission regulations in 10 C.F.R. S7.11:

1. the ACRS-failed to publish public notice of the meeting in the federal register at least 15 days before the meeting date, as required by $7.ll(b);

2. the ACRS failed to provide other forms of notice 2ch as public releases and notice by mail to inform the public, including active interveners in the Seabrook proceedings, of the ACRS meeting, as required by 57.11(c); and

3. the Secretary of the Commission failed to provide active interveners in the emergency planning litigation for Seabrook, . including Mass AG, with notice by mail of the ACRS meeting, as required by 57.ll(d). Active interveners were readily identifiable from the service list for the Seabrcok licensing proceedings. .

V As a consequence of the defective notice, Mass AG was not able to attend the ACRS meeting, and was denied the opportunity to address the subcommittee of the ACRS as to the-critical flaws in emergency planning for Seabrook.

We understand, however, that Applicants, and others supportive of licensing Seabrook, were permitted to present their views to the subcommittee. This gives the appearance that ACRS only wishes to hear from those favoring Seabrook licensing.

8908290136 890818 PDR ADDCK 05000443 G PDR o3

Forrest J. Remick l Page Two August 18, 1989 l

In view of the illegal notice, we request an opportunity to make a written response to Applicants' presentation before the subcommittee of the ACRS. We will file this response within 10 days of receipt from you of a transcript of the August 17 meeting and of any additional documents distributed at that time. We request the subcommittee to withhold action pending receipt of Mass AG's response.

In addition, we request an opportunity to address the full ACRS at the September 7 to 9 meeting on our concerns for emergency planning at Seabrook.

Should the subcommittee refuse these requests, we will view any action, report, or recommendation of the subcommittee, as a consequence of the August 17 meeting, to be illegal, and will proceed accordingly.

We appreciate your attention to these matters and look forward to your prompt response.

Very truly y s, Matthew Brock Assistant Attorney General Nuclear Safety Unit (617) 727-2200 MT/jc cc: Samuel J. Chilk Elpidio Igne Dr. William Kerr Raymond Fraley Seabrook Service List i

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