ML19327B688

Applicant Response to Intervenors Statement of Matl Facts Not in Dispute.* Certificate of Svc Encl

ML19327B688
Person / Time
Site:	Seabrook
Issue date:	10/25/1989
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:
References
CON-#489-9377 OL, NUDOCS 8911060295
Download: ML19327B688 (6)

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I'9tETiff 5 twc October 25, 1989  ;

UNITED STATES OF AMERICA '89 OCT 30 A10:08 -

NUCLEAR REGULATORY COMMISSION f before the $[] p .; , zc ,

ATOMIC SAFETY AND LICENSING BOARD  ;

i In the Matter of ) <

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PUBLIC SERVICZ COMPANY ) Docket Nos. 50-443-OL OF NEW HAMPSHIRE, at A1 ) 50-444-OL ,

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(Seabrook Station, Units 1 ) (Offsite Emergency and 2) ) Planning Issues) i

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APPLICANTS'. RESPONSE TO INTERVENORS8 STATEMENT OF MATERIAL FACTS NOT IN DISPrFfE l

1. . This is a conclusion of law, not a statement of fact and, therefore, no answer is required.

2. This is an ascertion as to the effect of a legal decision; no answer is required.

3. Applicants agree that they submitted a scenario to NRC; Applicants agree that a scenario was approved and that scenario was executed; Applicants otherwise deny the '

allegations of this paragraph to die extent any further it l

answer is called for.

4. Admitted. However, for at least one objective, the l actual performance exceeded that called for by the extent pf u

L play. Ellis Aff. { 17.

5. Applicants adlait that there was no actual shift l change in the exercise. Applicants otherwise deny the sxco ets.se j o .. -

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i allegations of-this' paragraph on the basis of the Affidavit of S. Joswph Ellis which is Attachment "B" to the Applicants' response to the SD Motion.

6. Admitted and by way of further answer, Applicants say that for the reasons articulated in its response to the '

motion and'in.the callendrello Affidavit attached thereto and marked "A,"

there was no need to make the demonstration .,

described in the paragraph.

7. Admitted and by way of further answer, Applicants say that for the reasons articulated in its response to the F

! motion and in the callendrello Affidavit attached thereto and marked "A," there was no need to make the demonstration +

described in the paragraph. '

8. Admitted and by way of further answer, Applicants [

say that for the reasons articulated in its response to the motion and in the Callendrello Affidavit attached thereto and '

marked "A," there was no need to make the demonstration described in the paragraph.

D. Denied. See Callendrello Affidtvit 1 7.

10. Admitted.

11. D es '. e d . See Ellis Affidavit 11 10-15.

12. Admitted and by way of further answer, Applicants say that for the reasons articulated in its response to the 1

motion and in the Calleadrello Affidavit attached thereto and marked "A," there was r.o need to make the demonstration described in the paragraph.

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13. Admitted and by way of further answer, Applicants I

say that for the reasons articulated in its response to the r

motion and in the callendrello Affidavit attached therato and g marked "A," there was no need to make the demonstration I described in the paragraph.

14. Danied. See'Ellis Affidavit at 16-20. .

15. Admitted and by way of further answer, Applicants say that for the reasons articulated in its response to the.

motion and in the callendrello Affidavit attached thereto and marked "A," there was no need to make the demonstration described in the paragraph.

By their attorneys, t

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l Thomas GC Dig 6&d, Jr.

George H. Lewald Jeffrey P. Trout Jay Bradford Smith I

Geoffrey C. Cook l

William L. Parker l Ropes & Gray One International Place l Boston, MA 02110-2624 (617) 951-7000 4

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'E9 OCT 30 A10:09 CERTIFICATE OF SERVICE l I, Thomas G. Dignan,Jr.,oneoftheattoy Applicantsherein,herebycertifythatonOctob'd5sifor,the er 255$1989,'I.

I made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery to (or, where  !

indicated, by depositing in the United States mail, first class  !

postage paid, addressed to):

Administrative Judge Ivan W. Smith Adjudicatory File '

Chairman, Atomic Safety and Atomic Safety and Licensing

' Licensing Board Board Panel Docket (2 copies)

U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commissior. Commission East West Towers Building East West Towers Building s '

4350 East West. Highway 4350 East West Highway  :

Bethesda, MD- 20814 Bethesda, MD 20814 a Administrative Judge Richard F. Cole Robert R. Pierce, Esquire Atomic Safety and Licensing Board Atomic Safety and Licensing i U.S. Nuclear Regulatory' Commission Board l East West Towers Building U.S. Nuclear Regulatory 4350 East West Highway Commission '

Bethesda, MD 20814 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Administrative Judge Kenneth A.

i Mitzi A. Young, Esquire {

McCollom Edwin J. Reis, Esquire '

1107 West Kncpp Street Office of the General Counsel Stillwater, OK 74075 U.S. Nuclear' Regulatory Commission (

One White Flint North, 15th Fl.

11555 Rockville Pike Rockville, MD 20852 l' John P. Arnold, Esquire Diane Curran, Esquire Attorney General Andrea C. Ferster, Esquire George Dana Bisbee, Esquire Harmon, Curran & Tousley Assistant Attorney General Suite 430 Office of the Attorney General 2001 S Street, N.W.

.M5 Capitol Street Washington, DC 20009 Concord, NH 03301-6397

• Atomic Safety and Licensing RW . .- :us, Esquire Appeal Board 3

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et U.S. Nuclear Regulatory J. 1 n< F. i r Commission l ia rha v e,  ; 03105 Washington, DC 20555

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h. . l Philip Ahrens, Esquite Mr. J. P. Nadealt Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME' 04333 ,

Paul McEachern, Esquirt John Traficonte, Esquire Sbaines & McEachern Assistant Attorney General 25 Maplewood Avenue Department of the Attorney P.O. Box 360 General >

Portsmouth, NH 03801 One Ashburton Place, 19th Fl.

Boston, MA 02108 >

p Chairman Mr. Calvin A. Canney Board of Selectmen City Manager 95 Amesbury Road City Hall Kensington, NH 03833 126 Daniel Street Portsmouth, NH .03801 L'

• Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire ~ '

U.S. Senate Lagoulis, Hill-Whilton &

Washington, DC 20510 Rotondi l (Attn: Tom Burack) 79 State Street l Newburyport, MA 01950

• Senator Gordon J. Humphrey Barbara J. Saint Andre, Esquire ,

i Ont Eagle Square, Suite 507 Kopelman and Paige, P.C.

l Concord, NH 03301 77 Franklin Street  !

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(Attn: Herb Boynton) Boston, MA 02110 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager board of Selectmen L Town of Exeter Town Hall - Friend Street l 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Judith H. Mizner, Esquire l Office of General Cotinsel 79 State Street, 2nd Floor Federal Emergency Management Newburyport, MA 01950 l Agency l

500 C Street, S.W.

Washington, DC 20472 i

Cary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas i

47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03842 Concord, NH 03301 i-i l'

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-Mr.-Richard R.. Donovan '

I' Federal Emergency Management

• Agency ,

Federal Regional.Contar 130 228th Street,'S.W. l a

3 Bothell, Washington: 98021-9796 "

Ashod N. Amirian,' Esquire l 145 South Main Street

." 1 P.O. Box 38 j

,. Bradford, MA' 01835 i i l i ..

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