ML20024E396

Joinder in Commonwealth of Ma 830715 Petition for Directed Certification of ASLB 830630 Decision.Decision Threatens to Establish,As Matter of Law,Projected Evacuation Time Estimates Based on Contested Facts.W/Certificate of Svc

ML20024E396
Person / Time
Site:	Seabrook
Issue date:	08/05/1983
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20024E383	List: ML20024E382 ML20024E385 ML20024E390 ML20024E393 ML20024E396
References
ISSUANCES-OL, NUDOCS 8308100345
Download: ML20024E396 (3)

Text

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FILED: August 5, 1983 '

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD in the matter of:  ;

PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et al 50-444 OL (Seabrook Station, Units I and 2)

JOINDER NOW COMES t he Seacoas t An t i-Po l lu t ion League (SAPL) , and joins in the Petition for Directed Cer t ificat ion filed by the Attorney General of Massachusetts, Francis X. Bellotti, on July 15, 1983, -

with regard to the Atomic Safety and Licensing Board decision of June 30, 1983.

In support hereo f , SAPL s t a tes the following:

1. It had, for the Atomic Safety and Licensing Board, filed separately a pleading opposing the motion of summary disposition as to the contentions for which directed certification is sought.

2. The contentions out of which the request for directed l

certification arises, NCNP 111.12 and 111.13, have to do with the validity of cer tain estimates of evacuation time f rom the emergency planning zone plume exposure around the proposed Seabrook nuclear l l

plants.

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3. Concerns that have prompted SAPL to participate in this l

proceeding are particularly those regarding feasibility protective action that might be taken in the event of an emergency. Pursuant to l

10 C.F.R. 50.47, the abili ty to provide " reasonable assurance" that

" adequate protective measures can and will be taken" in the event of 8308100345 830805 PDR C

ADOCK 05000443 PDR l - -

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an emergency is a critical and important safety determination to be made in this licensing proceeding.

3. The decision below, if left unreviewed, threatens to establish as a matter of law, based upon certain procedural rulings, projected estimate for evacuation time which has been contested on factual grounds, and which proffered testimony indicates is wholly

' inadequate.

4. Two members of this Commission, in dissent ing f rom a denial of a 2.206 petition by the Director of Nuclear Reactor Regulation have agreed that Seabrook poses difficult, and perhaps unique, emergency planning problems. Indeed this Board itself has said that "No one disputes the claim that this area will be at times the most densely populated area in the state". ALAB 422 Slip Opinion at 31.

Respectfully submitted, Seacoast Anti-Pollution League By its attorneys, BACKUS, SHEA & MEYER H

By: 4 / "

Robert A. Backus 116 Lowell St., Box 516 Manchester, N.H. 03105 Tel: (603) 668-7272 August 5, 1983 l l

l

CERTIFICATE OF SERVICE 00CKETED USNRC Brian Cassidy Helen Hoyt, Chm. Thomas G. Dignan, Esq.

Fed. Energ. Mgmt. Agcy. Admin. Judge R and Gray Region I Atomic Safety & Lic, adM*05 Street J.W.McComack POCH Board - U.S. NRC Boston, MA 02110 Boston, MA 02109 Washington, DC 20555 0FFICE OF SEu:t i -

bour 00CKE. TING & SEFr' Sen. Gordon Humphrey in ud e DJ8A m ng and Service Sec.

Attn: Tom Burack Office of the Secretary U.S. Senate Atomic Saf ty &Lic.

U. S. NRC a W ton, E 20510 Y Was ngto[1 DC 20555 as ngton, DC 20555 Sen. Gordon Humphrey Roy E Lessy, Jr., Esq.

Attn: Herb Boynton Office of Executive

-Robert L. Chiesa, Esq.

1 Pillsbury Street E 95 Market Street Concord, NH 03301 U NC Washington, DC 20555 hhynard B. Pearson Phillip Ahrens, Esq.

Asst. Atty. General Jane Doughty Rep. Amesbury, hM Field Director 40 Monroe St. State House, Station #6 Augusta, ME 04333 SAPL Amesbury, MA 01913 5 Market Street Portsmouth, NH 03801 Donald E. Q11ck Anne Verge, Chairperson Tbun Manager Board of Selectnen Dana Bisbee 10 Front Street Town Hall Attorney General's Office Exeter, NH 03833 So. Hampton, NH 03842 Sa o New H shire l Office of Selectmen Dr. Emmeth A. Luebke David R. Lewis Town of North Hampton Admin. Judge Atomic Safety & Lic. Brd.

Mrth Hampton, NH 03862 Atomic Safety & Lic.

U.S. NRC - Rm. E/W-439 Board - U.S. NRC Washington, DC 20555 Washington, DC 20555 l

Anne Verge, Chm. Jo Ann Shotwell, Asst. AG Calvin A. Canney, roard of Selectmen One Ashburton Place, 19th City Mgr.-City Hall Town Hall Floor 126 Daniel Street l

South Hampton, NH 03842 Boston, MA 02108 Portsmouth, NH 03801 John B. Tanzer William S. Jordan, II, Esq. Mr. Angie Machiros, Chrmn.

Town of Hampton Ellyn R. Weiss, Esq. Board of Selectmen 5 Morningside Drive 1725 I Street, N.W. Tbun of Newbury rampton, NH 03842 Suite 506 Newbury, MA 09150 l Washington, DC 20006

' dward Meany Dr. Muruy Tye, President Jown of Rye Sandra Gauvutis

55 Washington Road Sun Valley Assoc. Town of Kinsington 280 Haverhill Street

'ye, NH 03870 RFI) 1 lawrence, MA 01840 East Kensington, NH 03827

.lfred Sargent, Chm. Irtty Hett, Selectman Richard E. Sullivan, Mayor mard of Selectmen Town of Brentwood City Hall I hvn of Salisbury,MA 01950 HFD Dalton Road Newburyport, MA 01950 w um- wtL mL_rca me