ML20137H962

Memorandum & Order Establishing Schedule for State of Nh Offsite Emergency Planning Contentions for Proceedings,As Contained in Encl.Served on 860121

ML20137H962
Person / Time
Site:	Seabrook
Issue date:	01/17/1986
From:	Hoyt H Atomic Safety and Licensing Board Panel
To:
References
CON-#186-789 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8601220157
Download: ML20137H962 (4)

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UNITED STATES OF AMERICA Nf NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD M 21 pp.g Before Administrative Judges:  : - :.

fj[%g~[4H Helen F. Hoyt, Chairperson 33.(,

Emmeth A. Luebke Jerry Harbour In the Matter of ) Docket Nos. 50-443-d W USN2J 1 ggf

) 50-444-0L PUBLIC SERVICE COMPANY ) (ASLBP No. 82-471-02-OL) 0F NEW HAMPSHIRE, et al. ) (Offsite Emergency Planning)

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(Seabrook Station, Units 1 and 2) ) January 17, 1986 MEMORANDUM AND ORDER

1. On January 10, 1986 Counsel for NRC Staff advised the parties to this proceeding that the State of New Hampshire had formally submitted offsite radiological emergency response plans Ito FEMA on December 9,1985 and to the NRC Staff on January 6,1986. By its January 10, 1986 letter, NRC Staff transmitted copies of these plans to this Board and to the parties to the proceeding.

2. The Board has examined its August 30, 1983 order and subsequent orders ruling on contentions on the New Hampshire Radiological Emergency Response Plan and finds that in view of the time lapse of nearly three i

I There are three plans: (1) New Hampshire State Plan; (2) New l Hampshire Host Community Plans of Dover, Durham, Manchester, )

Nashua, Rochester and Salem; and (3) New Hampshire Local Plans for 17 New Hampshire communities--Brentwood, Exeter, East Kingston, <

Greenland, Hampton, Hampton Falls, Kensington, Kingston, New l Castle, Newfields, Newton, North Hampton, Portsmouth, Rye, Seabrook, South Hampton and Stratham. There are three separate Appendices F included with the 17 local plans.

8601220157 860117 PDR ADOCK 05000443 G pop .-t b(

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2 years and the new draft plans reflecting changes and refinements, there are now in place plans incorporating the current state of the art for emergency planning in New Hampshire.2 We find that an opportunity to file new contentions based upon the latest draft of New Hampshire's plans would provide for all parties a fairer opportunity for full participation in these proceedings. In addition, any difficulties arising from a comparison of an original draft against the latest draft of the plans is avoided and a saving of hearing time effected. We find also that it provides all parties with an opportunity to focus on the current plans rather than those no longer pertinent to these proceeoings.

3. Accordingly, the Schedule for Offsite Emergency Planning Contentions--New Hampshire Plans--has been established using in principle the time frames for each event established in our May 23, 1983 Order.

2 While preparing this order establishing a schedule for any contentions which may be filed on the New Hampshire plans, the Board received on January 16, 1986, Applicant's " Motion for Establishment of a Schedule" dated January 14, 1986. The Board through Judge Hoyt's secretary provided an opportur.ity for counsel for the principal intervenors, (State of New Hampshire, NECNP, SALP and Commonwealth of Massachusetts) to respond to the Applicant's Motion. While this Motion is before us and we have some responses from the named intervenors, the schedule which we will issue by this order had been predetermined. Nothing submitted by any party has altered the Board's schedule.

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ORDER Based on the foregoing, it is this 17th day of January,1986 ORDERED That the Schedule for New Hampshire Offsite Emergency Planning Contentions established for this proceeding is contained in the Attachment to this Order.

IT IS S0 ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD e

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l Helen F. Hoyt, Chairperson ADMINISTRATIVE JUDGE Bethesda, Maryland

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f ATTACHMENT Schedule for New Hampshire Offsite Emergency Planning Contentions Date Deadlinet By January 24 Board Scheduling Order, New Hampshire Communities RERPs now available.

By February 24 Contentions on each plan due.

By March 7 Parties other than Staff respond.

March 14 Staff response to contentions.

March 25-26 Prehearing Conference. Place to be determined.

April 1 Board Order ruling on cor.tantions, discovery commences.

April 30 Discovery closed (last discovery request due).

May 14 Answers to last interrogatories due within 14 days after the close of discovery.

May 21 Deadline for motions for summary disposition.

June 10 Responses opposing or supporting motions due within 20 days.

June 20 Opposing parties may file responses to new facts and agruments presented in statements supporting motions for summary disposition.

June 30 Board Order ruling on motions for summary disposition.

July 10 Prefiled testimony due 10 days after Board ruling on motions for summary disposition.

July 21 Hearings commence. Rebuttal and cross-examination.

The Board hereby directs that service of papers relating to offsite emergency planning contentions be effected by express mail or personal delivery in any instance where normal service would not result in actual receipt of those papers on or before a deadline for the filing of those papers.