ML20054L483

Forwards EPA Re Status of Util Application for Substitution of Chlorination for Backflushing to Control Biological Flushing of Intake Tunnels

ML20054L483
Person / Time
Site:	Seabrook
Issue date:	07/01/1982
From:	Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Hoyt H, Luebke E, Paris O Atomic Safety and Licensing Board Panel
Shared Package
ML20054L484	List: ML20054L483 ML20054L485 ML20054L494
References
ISSUANCES-OL, NUDOCS 8207080165
Download: ML20054L483 (2)

Text

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July 1,1982 Helen Hoyt, Esq., Chairman Dr. Oscar H. Paris Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board 4

Panel Panel -

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 Washington, D.C. 20555 i DISTRIBUTION Circ. copy Dr. Emmeth A. Luebke tessy Treby (2) Administrative Judge tte e

At Safety and Licensing Board t

Goddard Olmstead Patterson U.S. Nuclear Regulatory Comission E. Case P428 4 Reis Chron File (2) Washington, D.C. 20555 F.Miraglia (110)

L.Uheeler 128 In the Matter of ket 11es: D DR Pu'olicServiceCompanyofNewHampshire,e,_t_al.

(Seabrook Station, Units 1 and 2)

FF (2) Docket Nos. 50-443 OL and 50-444 OL E yNto

Dear Administrative Judges:

In furtherance of the discussion between the Licensing Board, the Staff, Applicant, and Petitioners in the above captioned proceeding, the Staff has written to the Environmental Protection Agency regarding the status of the '

application of the Fublic Service Company of New Hampshire, et al. ("PSNH")

at that agency with regard to the possible substitution at the Seabrook Station of chlorination for backflushing to control biological fouling of the intake tunnels. A copy of the letter of the undersigned to EPA requesting the status of PSNH's application for an NPDES permit was previously provided.

Attached to this letter is a letter from EPA Region I, in response to that

request.

, In addition, in accordance with paragraph three (3) of this Board's

" Memorandum and Order Setting Second Special Prehearing Conference," which provided, inter alia, that " Responses to Supplements to Petitions by 3 Applicant and NRC Staff, if deemed appropriate by parties, must be received

! by the Board no later than July 1, 1982"), the Staff is herein responding to i the Supplements of Coastal Chamber of Commerce of New Hampshire, "Lynn Chong et al. & Co-op Members for Responsible Investment," New England Coalition on Nuclear Pollution, and Sun Valley Association. With respect to the six petitioners listed in paragraph two of the Board's Memorandum and Order, '

contentions and supplements to petitions to intervene were submitted by all such petitioners except the Comonwealth of Massachusetts and Town of South Hampton, both of which had previously filed contentions.

One petitioner which was not listed in the Board's Order as one whose contentions would be considered at the Second Prehearing Conference also i

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refiled its contentions, the State of New Hampshire. As the Board well knows, the State's lengthy contentions were the subject of a considerable portion of the Board's time at the Special Prehearing Conference held May 5-6, 1982. At that time, in response to an offer from the Applicant, the State of New Hampshire, a petitioner under 10 C.F.R. 5 2.714, was afforded an opportunity to provide more specifics on its Contentions 6, 7, 12, 13, and 14 (Tr. 239), as a prelude to negotiations between the Staff, Applicant, and that petitioner. No negotiations have taken place. On May 24, 1982 the Staff received in the mail a draft revision of all of New Hampshire's con-tentions. We were contacted by telephone that day and informed by the State that it had refiled, on that day, all of its contentions. There was no opportunity to negotiate. Moreover, the refiled contentions, which the Staff received later that week in the mail, were different from the draft submitted for " negotiation." Therefore, the Staff has responded in the attached pleading to only those contentions which the Board granted New Hampshire an opportunity to further specify, i.e., Contentions 6, 7, 12, 13 and 14.

Sincerely, 4A Roy P. Lessy Deputy Assistant Chief Hearing Counsel

Attachment:

As Stated cc: (w/ attachment) Lynn Chong Bill Corkum Gary McCool E. Tupper Kinder, Esq. Jo Ann Shotwell Beverly Hollingworth Nicholas J. Costello Robert L. Chiesa, Esq. Robert A. Backus, Esq.

Ms. Patti Jacobson Docketing and Service Section Wilfred L. Sanders, Esq. Lawrence M. Edelman, Esq.

Thomas G. Dignan, Jr. , Esq. Atomic Safety and Licensing William S. Jordan III, Esq. Appeal Panel Ellyn R. Weiss, Esq. Phillip Ahrens, Esq.

Donald L. Herzberger, MD Edward J. McDermott, Esq.

Ann C. Thompson, Esq. Sen. Robert L. Preston Atomic Safety and Licensing Board Panel OFC :0E b :0ELO  :  :  :

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