ML19339A637

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Responds to Re Desire to Testify at Hearings. Explains Controversy of Emergency Planning Issues
ML19339A637
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 10/31/1980
From: Lessy R
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Sanders W
SANDERS & MCDERMOTT
References
NUDOCS 8011040448
Download: ML19339A637 (2)


Text

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October 31, 1980 Wilfred L. Sanders, Jr., Esq.

Sanders and McDermott 408 Lafayett Road Hampton, New Hampshire 03842 In the Matter of Public Service Company of New Hampshire, et al.

(Seabrook Station, Units 1 and 2)

Docket Nos. 50-443, 50-444

Dear Mr. Sanders:

This letter is in response to your letter of October 13, 1980, concerning the above-referenced facility.

In your letter you state that it is your under-standing that the Nuclear Regulatory Commission ("NRC") will be holding hearings in November with respect to emergency planning.

You have expressed your desire to testify at such hearings.

No NRC hearings are currently scheduled on the issue of emergency planning for the Seabrook facility.

Inasmuch as you have expressed an interest in emergency planning, permit me to summarize what is transpiring on that issue.

As with any other facility, operating licenses will not be issued for Seabrook Station, Units 1 and 2 until the Applicant, Public Service Company of New Hampshire, develops and implements an Emergency Plan in accordance with the applicable NRC regulations.

In parallcl with the NRC Staff's review of the Emergency Plans of Public Service Company of New Hampshire, the Federal Emergency _ Management Administration (FEMA) will be reviewing emergency plans for areas near the Seabrook Station that are not under the direct control of the Public Service Company of New Hampshire.

Results of reviews by both FEMA and the NRC Staff will.be considered in determining whether operating licenses should be issued to the Applicant.

Although both the FEMA and NRC Staff are currently proceeding with reviews of emergency planning matters, the Final Safety Analysis and Environmental Reports have not yet been filed to start the operating license review. When these are filed and accepted, members of the public will be advised by a Federal Register Notice which will describe procedures by which any member 8011040448

. of the public may petition for a hearing.

Once a hearing or prehearing

-conference has been convened, members of the public will be afforded an

-opportunity to make limited appearance statements in accordance with 10 C.F.R. 52.715 of the Commission's ' Rules of Practice. Your incoming letter will be placed in our file of this proceeding, and the NRC Staff will endeavor to keep you informed of the time and place of any such hearing or prehearing con ference. As of nos, however, the only hearings which will be held in the near future are exclusively concerned with the seismic design of the Seabrook_ facility.

These hearings will be before the Atomic Safety and Licensing Appeal Board, not the Licensing Board.

You should also be advised that the Director of Nuclear Reactor Regulation has a petition before him for consideration under 10 C.F.R. 92.206 of the Commission's regulations. The petition was filed by the Seacoast Anti-

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Pollutjon League and concerns, in part, matters related to emergency planning.

The Director'must take action within a reasonable time to either grant or deny the petition.

If the petition is denied, the denial would be subject to review by the full Commission.

Sincerely.

J{

Roy P. Lessy Counsel for NRC Staff cc: Alan S. Rosenthal, Esq.

Dr. John H. Buck Dr. W. Reed Johnson Ivan W. Smith, Esq..

Joseph F. Tubridy, Esq.

Dr. Ernest 0. Salo Dr. Kenneth A. McCollom Robert A. Backus, Esq.

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Thomas G. Dignan, Jr.,, Esq.

John A. Ritsher, Esq.

Norman Ross, Esq.

E. Tupper Kinder, Esq.-

Francis S. Wright, Esq.

Laurie Burt, Esq.

William C. Tallman Karin P. Sheldon, Esq.

Ms. Elizabeth H. Weinhold Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Docketing and Service Section e

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