ML20199K681

Objection to Applicant 860627 Motion to Strike Seacoast Anti-Pollution League Objection to Motion to Withdraw Contention NH-10.W/Certificate of Svc

ML20199K681
Person / Time
Site:	Seabrook
Issue date:	07/03/1986
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-856 OL, NUDOCS 8607090216
Download: ML20199K681 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COND11SSION before the ti"4P ATOMIC SAFETY AND LICENSING BOARD N JL ~7 p3:n4

[7h*.l d T*R r In the Matter of BRANCf PUBLIC SERVICE COMPANY OF Docket Nos. 50-443-OL NEW HAMPSHIRE, ET AL 50-444-OL On-Site Emergency Planning 0

Units 1 and 2) and Safety Issues (Seabrook Station, S' MOTION TO SEACOAST ANTI-POLLUTION LEAGUE'S OB N NH-10 to the Applicants have sought By pleading dated June 27, 1.

to the Withdrawal of NH-Board dismiss SAPL's Objection have this The Applicants assert:

10.

to pursue the Contention.

its right SAPL has waived The Motion is."self-executing," and late-filed 1.

3.

SAPL's Objection should be treated as a

2.

treated, dismissed for failure to Contention and, as so late-f'iled Contentions.

the criteria for meet the Applicants' Motion should be denied, SAPL states that 2.

for the following reasons.

SAPL affirmatively joined in A.

NH-10 is not moot because

basis, i.e.,

that it still supporting NH-10, and on that in litigation, the Appeal Board had a viable Contention entitled to appeal denial specifically held SAPL was not of its own sponsored Contention, SAPL Supplemental Contention III (Failure to comply with the National g7090216860703 ADOCK 05000443

{D G

d Environmental Policy Act in regard to severe accident consequences.) Thus, it is the law of this case that SAPL has standing to pursue this Contention, with or without the State of New Hampshire.

ALAB 731, decided June 20, 1983, 17 NRC 731.1 B.

The decision that SAPL remain a party because of its joinder in NH-10 came six months af ter the staf f let ter of January 6,1983, which Applicants would rely on to establish SAPL's lack of standing to pursue Contention NH-10.

C.

As made clear by SAPL's answer to Interrogatories concerning NH-10, it was SAPL's intent to leave the presentation of a direct case in support of NH-10 to the State of New Hampshire.

However, in answering the Interrogatories, SAPL specifically stated as follows:

"In answering 'no' to any of the Applicants' specific Interrogatories, the Seacoast Anti-Pollution League does not waive its right to cross-examine witnesses or urge the denial (or allowance subject to conditions) of the pending Application on the basis of the topic or Contention.

In other words, the Seacoast Ant i-F011 ut ion League retains its right under the Prairie I;ia'd Rule, found in 2 NRC

~

392, Footnote 6.

(In the rul $ $r < f Nor thern States Power Company) SAPL further asie y nat it has discernable interest i n the resolution of ali Content ions admit ted in the above-named proceedings."

l 1.

In urging the Appeal Board to rej ect SAPL's appeal of the ASLB's summary disposition of SAPL Supplemental

III, the Applicants' themselves stated: " SAPL acknowledges that the grant of summary disposition did not result in SAPL's dismissal f rom the proceeding as a par ty.

SAPL nevertheless urges that it 'is ent itled to an appeal as of right because SAPL Supp. 3 was "the only content ion in which SAPL is the sponsoring party." SAPL Appeal at 2.

However, SAPL "j oined" and adopted another contention (of New Hampshire) and thus is still a party; SAPL has evidenced no interest in dismissing that other contention.

This being the case, no direct appeal is a va i l a bl e."

Cited from Applicants' Response to Seacoast Anti-Pollution League Appeal of Dismissal of Class 9 Accident Contention or, in the Alternative, Request for Cert ification Pursuant to 10 CFR 92.718(i). i w

,,A D.

Now that the State of New Hampshire has attempted to wi thdraw NH-10, over SAPL obj ect ion, SAPL will proceed to litigate NH-10 both by exercising its right of cross-examination, as reserved in its response to Interrogatories, and to the extent of its ability to do so, by the furnishing of a direct case.

E.

The Applicants' claim that the Motion to Withdraw is "immediately self-executing" is without merit.

If the matter is immediately self-executing, it would be superfluous and redundant for the State to have filed a Motion to Withdraw the Contention.

F.

The Applicants' claim that SAPL must meet late-filed Contention criteria is without merit.

The issue before the Board is whether a Contention, timely admitted, and which SAPL joined in spons.oring, can now be dismissed over SAPL's Obj ect ion, merely because the original sponsor of the Contentlon, the State of New Hampshire, has moved to withdraw the Contention.

Respectfully submitted, SEACOAST ANTI-POLLUTION LEAGUE By its attorney, BACKUS, MEYER & SOLOMON

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/ fro 6e r t A.

Backus P. O. Box 516 116 Lowell Street Manchester, N.H.

03105 Tel: (603) 668-7272 DATE:

July 3, 1986.-

t

g,,

CERTIFICATE OF SERVICE AND SERVICE LIST e

Jose Asst.Gn.Cnsl.

Sheldon J. Wolfe, Chrm.

Thomas Dignan, Esq.

Fed. ph Flynndgmt.

Emerg.

Agcy.

Admn. Judge Ropes & Gray 500 C.St. So. West Atomic Safety & Lic Brd.

225 Franklin St.

Washington, DC 20472 USNRC Boston, MA 02110 Washington, DC 20555 Office of Selectmen Dr. Jerry Harbour Docketing & Serv. Sec.

Town of Hampton Falls Admin. Judge Office of the Secretary Hampton Falls, NH 03844 Atomic Safety & Lic Brd.

USNRC USNRC Washington, DC 20555 Washington, DC 20555

• • U 9*

Dr. Emmeth A. Luebke Jane Doughty Office of Exec. Legl. Dr.

Admin Judge SAPL USNRC Atomic Safety & Lic. Brd.

5 Market Street Wahsington, DC 205__

USNRC Portsmouth, NH 03801 Washington, DC 20555 Phillip Ahrens, Esq.

Paul McEachern, Esq.

George Dana Bisbee, Esq.

Asst. Atty. General Matthew Brock, Esq.

Attorney General's OFF.

State House, Sta. #6 25 Maplewood Ave.

State of New Hampshire Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portsnouth, NH 03801 Carol Sneider, Esq., Asst. AG Diane Curran, Esq.

William S. Iord One Ashburton Place, Harmon, Weiss Board of Selectmen 19th Floor 20001 S Street NW Suite 430 Town Hall-Friend St.

Boston,,MA 02108 Washington, DC 20009 Amesbury, MA 01913 Richard A. Hampe, Esq.

Maynard Young, Chainmn Sandra Gauvutis New' Hampshire Civil Defense Board of Selectmen Town of Kingston Agency 10 Central Road Box 1154 Hanpe & McNicholas Rye, NH 03870 East Kensington, NH 03827 35 Pleasant St.

Concord, NI 03301 Edward Thomas Mr. Robert Harrison FEMA Pres, & Chief Exec. Officer 442 J.W. McConmck (p0CH)

PSCO Boston, MA 02109 P.O. Box 330 Manchester, NH 03105 Roberta Pevear State Rep.-Town of Hanpt Falls Drinkwater Road Hanpton Falls, NH 03844

.