ML20011F117

Applicant Advice to ASLB Re Erroneous Statements In... Response to Board Order of 900111.* Applicant Accedes to New Hampshire Interpretation of Plan & Withdraws That Statement.Certificate of Svc Encl

ML20011F117
Person / Time
Site:	Seabrook
Issue date:	02/16/1990
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#190-9923 OL, NUDOCS 9003010143
Download: ML20011F117 (6)

Text

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February 16, UlWED UNITED STATES OF AMERICA

• NUCLEAR REGULATORY COMMISSION '90 FEB 20 P3 :19 -

before the FRCE OF SECRETARY-00CKEhMG a SEi VICE ATOMIC SAFETY AND LICENSING BOARD ERAllCH In the Matter of PUBLIC SERVICE COMPANY Docket Nos. 50-443-OL OF NEW HAMPSHIRE, At al. 50-444-OL (Seabrook Station, Units 1 (Offsite Emergency and 2) Planning Issues)

APPLICANT 8' ADVICE TO LICEN8ING BOARD RE BRRONEOUS STATEMENTS IN APPLICANT 8' RESPONSE TO - LICEN8ING BOARD ORDER OF. JANUARY 11,'1990 In Applicants' Response to Licensing Board Order of January 11, 1990 filed February 1, 1990, the following statement appears:

"During the hearings on the NHRERP, FEMA took the position, through its witness Joseph

'Keller, that evacuation (when physically possible) would always be the preferable

. protective action for.the.-Seabrook beach population in light of, inter alia, the uncertainties of release composition and duration, the effects of groundshine, and the poor quality of the phalter available in the This FEMA position was Seabrook beach area.

vigorously contested by the Intervenors, both L

at trial and-on appeal,.and was upheld by bothtpaLicensingBoardandtheAppeal Board. In October 1988, the NHRERP, Rev. 2,

.Vol. 4, Appendix F was revised to conform to 1[ Note 29 in orig). (ALAB-924) at 52-55.

l 2(Note .31 in orig) . Id. at 55-58.

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the FEMA position that was litigated (and '

subsequently _ upheld): .at-step.IV.B.4

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(General Emergency) it is~ recommended to evacuate ERPA A, an approximate two-mile ,

radius that includes Hampton and Seabrook

' beaches, based.on a declaration of a General

, Emergency subject only to constraints to evacuation.- This revision-to bring the plan ,

'into conformity with the' FEMA. position was served on the BoaJd and parties on October 13, 1988. The effect of the chance is to eliminate shelterina as an ootion under the first of the two circumstances  ;

contemolated by the Anneal Board. Since  ;

shelterina is no lonaer a clanned orotective action option under those circumstances. no imolementina detail is recuired in that case."'

After making that--filing, the Applicants were advised by the State of New Hampshire that insofar as the foregoing statement 1:

! states that the October 13, 1988 plan change changed the planned response to-the so-called planned " puff release" it is in error.

Applicants, of course, accede to New Hampshire's interpretation of its own plan and hereby withdraw that statement, i

i In addition, Applicants have been informed by the State of l

New Hampshire that on page 11- of the filing of February 1, 1990, the words " proceed immediately to the nearest available fully-i L

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L 3(Note 32 in orig). Egg Letter of G. Huntington, Assistant l Attorney General of New Hampshire, to Chairman I.' Smith, Atomic h

safety and Licensing Board, October 13, 1988, and ' enclosures y thereto.

'Anolicants' Resoonse to Licensina Board Order of L January 11. 1990 (Feb. 1, 1990) at 9-10 (emphasis added),

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- s t L f" ' enclosed building l:and remain there,"-more properly should read:

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" shelter in1 place."

Respectfully submitted,

. Thomas G.TDignan, Jr.

~ George H. Lewald-Kathryn A.-Selleck Jeffrey P. Trout Ropes & Gray i One International Place Boston, MA 02110-2624 (617)-951-7000 counsel for Applicants e

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D0thliED I USNRC l I

CERTIFICATE OF SERVICE 50 F03 20 P3 :19  :

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.I, Thomas G. Dignan, Jr., one of the attorneys f th l fp$, [fkgggy Applicants herein, hereby certify that on February id ERviCf i made : service of the within document by depositing cop es th6t4bf j with Federal Express, prepaid, for delivery to (or, where l 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 I Commission. Commission East West Towers Building East West Towers Building )

4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Administrative Judge Richard F. Cole Robert R. Pierce, Esquire Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board 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. Mitzi A. Young, Esquire McCollom- Edwin J. Reis, Esquire 1107 West Knapp 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 George Dana Bisbee, Esquire Diane Curran, Esquire Associate Attorney General Andrea C. Ferster, Esquire Office of the Attorney General Harmon, Curran & Tousley 25 Capitol Street Suite 430 Concord, NH 03301-6397 2001 S Street, N.W.

Washington, DC 20009

• Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board 116 Lowell street

~U.S. Nuclear Regulatory P. O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555

a. ,

Philip Ahrens, Esquire Suzanne P. Egan, City Solicitor Assistant Attorney-General Lagoulis, Hill-Whilton &

Department of the Attorney Rotondi General: 79 State Street Augusta, ME 04333 Newburyport, MA 01950 Paul McEachern, Esquire John Traficonte, Esquire Shaines & 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

• Senator Gordon 5. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Hill-Whilton &

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

• Senator Gordon J. Humphrey Barbara J. Saint Andre, Esquire-One Eagle Square, Suite 507 Kopelman and Paige, P.C.

Concord, NH 03301 77 Franklin Street (Attn: Herb Boynton) Boston, MA 02110 H. Joseph Flynn, Esquire Judith H. Mizner, Esquire Office of General Counsel 79 State Street, 2nd Floor Federal Emergency Management Newburyport, MA 01950 Agency 500 C Street, S.W..

Washington, DC 20472 ,

Gary W. Holmes, Esquire Ashod N. Amirian, Esquire Holmes &~ Ells 145 South Main Street 47 Winnacunnet Road P.O. Box 38 Hampton, NH' 03842 Bradford, MA 01835 Mr. Richard R. Donovan Mr. Jack Dolan Federal Emergency Management Federal Emergency Management Agency Agency - Region I Federal Regional Centar J.W. McCormack Post Office &

130 228th Street, S.W. Courthouse Building, Room 442 Bothell, Washington 98021-9796 Boston, MA 02109 2-s 4

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$ , w J

L. George Iverson, Director f N.H. Office of Emergency Management State House Office' Park South-

~107 Pleasant-Street"

• Concord, NH- 03301 TriNCMnan, Jr.

(*= Ordinary U.S.-First Class Mail) ,

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