ML20054H731

Response to Coastal Chamber of Commerce of Nh 820609 Response to Applicant Response to Chamber Suppl to Petition to Intervene & Contentions 1-7.Contention 7 Should Be Denied Due to Lack of Specificity.Certificate of Svc Encl

ML20054H731
Person / Time
Site:	Seabrook
Issue date:	06/17/1982
From:	Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8206240373
Download: ML20054H731 (5)

Text

.

t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

)

PUBLIC SERVICE COMPANY OF NEW ) Docket Nos. 50-443-OL HAMPSHIRE, et al. ) 50-444-OL

)

(Seabrook Station, Units 1 & 2) )

)

APPLICANTS' RESPONSE TO THE "COSTAL CHAMBER OF COMMERCE OF NEW HAMPSHIRE'S RESPONSE TO APPLICANTS' RESPONSE TO SUPPLEMENT TO PETITION TO INTERVENE AND CONTENTIONS OF COASTAL CHAMBER OF

, COMMERCE OF NEW HAMPSHIRE" On June 9, 1982 the Coastal Chamber of Commerce of l New Hampshire (CCCNH) made service of a document entitled

" Coastal Chamber of Comerce of New Hampshire's Reponse to l

Applicants' Response to Supplement to Petition to Intervene and Contentions of Coastal Chamber of Commerce of New Hampshire."

A response to a response is not permitted under NRC regulations absent permission of the Board. See 10 CFR S 2.730(c). Prescinding from this, however, a i

l reading of CCCNH's so-called " response" reveals that it is 8206240373 B20617 PDR 0 ADOCK 05000443 PDR

_a

not simply a " response". Instead it raises new contentions and attempts to expand upon others. ,

In the event the Board decides to entertain this supererogatory filing, the Applicants respond thereto as set forth below.

Contentions 1-6 These lengthy and argumentative contentions all fall within the ambit of emergency planning. The Applicants have, in prior filings, indicated their view that to avoid attempts to freight individual interpretations upon the regulations, the emergency planning contentions should be stated simply in terms of an alleged failure to comply with appilcable regulations. _

Contention 7 By contention 7, CCCNH seeks to raise two contentions.

One deals with off site radiation monitoring. This was litigated in the construction permit proceeding. Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), LBP-76-26, 3 NRC 857, 877 (1976). "[A]n operating license proceeding should not be utilized to rehash issues already ventilated and resolved at the construction permit stage." Alabama Power Co. (Joseph M. Farley Nuclear Plant, Units 1 and 2), CLI-74-12, 7 AEC 203 (1974).

,In addition, CCCNH raises a contention as to control room design. Neither in the contention nor in its " basis" are we advised as to the basis upon which CCCNH says that O

Seabrook's control room design is not in compliance with the various regulations cited. The contention should be rejected for lack of specificity. -

CONCLUSION The claims made in CCCNH's latest filing should be disposed of as set forth above for the reasons stated. In addition, CCCNH has not even attempted to make the necessary showing in order to permit the late filing of the new double contention, No. 7.

Respectfully submitted, s/ . : Thomas G. Dignan, Jr.

s/ R. K. Gad III s/ Ropes & Gray Thomas G. Dignan, Jr.

R. K. Gad III Ropes & Gray -

225 Franklin Street

! Boston, MA 02110 l (617) 423-6100 Counsel for Applicants Date: June 17, 1982

{

. l CERTIFICATE OF SERVICE  ;

I, Thomas G. Dignan, Jr., one of the attorneys for the applicants herein, hereby certify that on June 17,'1982 I made service of the within document by mailing copies thereof, postage prepaid, to:

Helen Hoyt, Chairperson Cooperative Members for Atomic Safety and L,icensing Responsible Investment Board Panel Box 65 -

U.S. Nuclear Regulatory Commission Plymouth, NH 03264 Washington, DC 20555 Rep. Nicholas J. Costello Dr. Emmeth A. Luebke Whitehall Road Atomic Safety and Licensing Amesbury, MA 01913 Board Panel U.S. Nuclear Regulatory Commission Donald L. Herzberg, M.D.

Washington, D.C. 20555 George Margolis, M.D.

Hitchcock Hospital Dr. Oscar H. Paris Harover, NH 03755 Atomic Safety and Licensing Board Panel Rep. Beverly Hollingworth U.S. Nuclear Regulatory Commission Coastal Chamber of Commerce Washington, DC 20555 209 Winnacunnet Road Hampton, NH 03842 Atomic Safety and Licensing Board Panel Ms. Patti Jacobson U.S. Nuclear Regulatory Commission 3 Orange Street Washington, DC 20555 Newburyport, MA 01950 Atomic Safety and Licensing Appeal William S. Jordan, III, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Commission 1725 I Street, N.W.

Washington, DC 20555 Suite 506 Washington, DC 20006 Philip Ahrens, Esquire Assistant Attorney General E. Tupper Kinder, Esquire Department of the Attorney Assistant Attorney General General Office of the Attorney General Augusta, ME 04333 208 State House Annex Concord, NH 03301 Robert A. Backus, Esquire 116 Lowell Street Roy P. Lessy, Jr., Esquire P.O. Box 516 Office of the Executive Legal Manchester, NH 03105 Director U.S. Nuclear Regulatory Commission Washington, DC 20555

,n ,

,, ,._--.-c.. , . , .

.~

Robert L. Chiesa, Esquire Wadleigh, Starr, Peters, Dunn & Kohls 95 Market Street Manchester, NH 03101 Edward J. McDermott, Esquire Sanders and McDermott Professional Association 408 Lafayette Road Hampton, NH 03842 Mr. Robert F. Preston 226 Winnacunnet Road Hampton, NH 03842 i Wilfred L. Sanders, Jr., Esquire Sanders and McDermott Professional Association 408 Lafayette Road Hampton, NH 03842 Jo Ann Shotwell, Esquire Assistant Attorney General Environmental Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Thomas G. Dignan, Jr.

Date: June 17, 1982 l

J