ML19346A015

Urges Prompt Action on Evacuation Issue.Facility Mods Still Feasible If Determination Is Made That Adequate Emergency Plan Cannot Be Implemented.Seacoast Anti-Pollution League Expects Action by 810715.Certificate of Svc Encl

ML19346A015
Person / Time
Site:	Seabrook
Issue date:	05/28/1981
From:	Backus R O'NEIL, BACKUS & SPIELMAN
To:	Harold Denton Office of Nuclear Reactor Regulation
References
NUDOCS 8106040177
Download: ML19346A015 (4)

Text

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C* NEILL & SACKUS ATTC R N EYS AT LAW 11 A LOWELL STREET- SCX SI6 TELEPHONE M ANCH ESTER N EW H AM PSHIRE C3 t OS 6C3 668 7272 4

May 28, 1981

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2 (.N D fe Harold R. Denton, Director 5 Rff f gy Office of Nuclear Reactor Regulation 204 ' 1(f f United States Nuclear Regulatory Commission .'D M,-

Washington, DC 20555 'W'

! RE: In the Matter of Public Service Company of New Hampshire, et al Construction Permits CPPR-135 and CPPR-136

Dear Mr. Denton:

As you know, on June 30, 1980, SAPL filed with the NRC a requert chat the Commissioners review a decision rendered by your office on February 11, 1980. The latter decision denied a request to issue a show cause order requested by SAPL on May 2, 1979 which sought an Order to show cause why construction permits for the proposed r.uclear power plant at Seabrook should not be suspended or revoked.

In October of 1980, the Commission, although deciding j not to review your denial of our Petition, directed the Staff to treat the June 30th SAPL requ st for Commission review as a new Petition for a Show Cause Order under 10 C.F.R.

S2.206.

As everyone appears to agree, the May 2, 1979 request for a show cause order, and the Commission's directive to the

' Staff to reconsider its position on that in October of 1980 reflects an extremely grave problem of successfully implementing emergency measures within the so-called Emergency Planning Zone around the Seabrook reactors. The problem is acute at Seabrook b o th because of the lim..tations of the transportation network, and the high density of' population, particularly on the resort beaches just two miles from the reactors.

On January 29, 1981, I forwarded to you an extensive video-tape, which I understand was specifically available for use on machines at your agency, and a large number of photographs, showing the traffic congestion, at the points indicated during the summer of 1980. On February 3rd, I sent you a key showing the places and times the photographs were taken. On February 13th, you acknowledged receipt of the videotape and the photographs. 'kgj2$ g\

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i LU K E SN O'& EILL JR ROBERT A BACKUS JOHNA SHEA ELirAB ETH CAZo EN k 810604OTT-)

I an at this time writing to again ask, in the strongest possible terms, prompt action on the evacuation question.with regard to the Seabrook reactors. As I understand the present NRC regulations on emergency planning, as promulgated in the August 19, 1980 Federal Register, C'ere remains the possibility of facilities modification if a determination that an adequate emergency plan, meaning in this case primarily. evacuation, cannot be carried out in a manner sufficient to adequately protect the public. Facilities modification becomes evermore unlikely to be seriously considered as construction on the units progresses.

This, coupled with your duty to act on this matter within a reasonable period, prompts this letter. If my clients do not have action from your office by July 15, 1981, we will ask the Commission to intervene, or take other appropriate steps.

Very truly yours, A

Robert A. Backus RAB/sid cc: All Parties on Attached Certificate of Service l

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May 28, 1981 CERTIFICATE OF SERVICE I, Robert A. Backus, certify that I have mailed, postage prepaid, first class or airmail of the within to:

Alan S. Rosenthal, Chairman Atomic Safety and Licensing Atemic Safety and Licensing Board Panel Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 4ashington, D.C. 20555 Washington, D.C. 20555 Dr. John H. Buck office of the Attorney General Atomic Safety and Licensing 208 State House Annex Appeal Scard Concord, New Hampshire 03301 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Karin P. Sheldon, Esquire Shelden, Harmon, Roisman & Weiss Michael C. Farrar, Esquire Suite 506 Atomic Safety and Licensing 1725 I Street, N.W.

Appeal Board Washington, D.C. 20006 U.S. Nuclear Regulatory Cc==ission Washington, D.C. 20555 Dr. Ernest O. Salo Professor of Fisheries Research Ivan W. Smith, Esquire Institute Atomic Safety and Licensing College of Fisheries Scard Panel University of Washingten U.S. Nuclear Regulatory Cc= mission Seattle, Washington 98195 Washington, D.C. 20555 -

Dr. Kenneth A. McCcllum Joseph F. Tubridy, Esquire 1107 West Knapp Street 4100 Cathedral Avenue, N.W. Stillwater, Oklahcma 74074 Washington, D.C. 20016 Dr. Marvin M. Mann Frank Wright, Esq.

Atcmic Safety and Licensing Assistant Attorney General Ecard Panel One Ashburton Place U.S. Nuclear Regulatory Commission Boston, Massachusetts 02108 Washingtcn, D.C. 20555 Edwin '. Reis, Esquire Assis ' Chief Hearing Counsel Office v the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4

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John Ahearne, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Peter A. Bradford, Commissioner U.S. Nuclear Regulatory Ccamission Washingten, D.C. 20555 Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Ccamission Washington, D.C. 20555 Richard T. Kennedy, Cc=missioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Le: nard 3ickwit, Esquire Office of the General Ccunsel U.3. Nuclear Regulatory Cc= mission Washing:cn, D.C. 20555 Thomas Dignan, Esq.

Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110

' Rob 6rt A. Backus a

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