ML20062C258

Licensee Motion for Summary Disposition of Issues Remanded in ALAB-937.Licensee Entitled to Judgment as Matter of Law.*

ML20062C258
Person / Time
Site:	Seabrook
Issue date:	10/22/1990
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20062C263	List: ML20062C258 ML20062C265 ML20062C278
References
CON-#490-10957 ALAB-937, OL, NUDOCS 9010300237
Download: ML20062C258 (4)

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C0CKETED E, USNRC- -

October 22, 1990' UNITED STATES OF AMERICA 90: (ET 23 P3 :11 )

NUCLEAR-REGULATORY COMMISSION-- j

!. QF F ICLling uGCKL Of A SECRl'IMY SiCVICI p, before-the-iWANCH i ATOMIC SAFETY AND LICENSING BOARD ,

In the Matter of l

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

lt (Seabrook Station, Units 1 (Offsite Emergency p and 2) Planning Issues)

' LICENSEES 8' MOTION FOR-

SUMMARY

. DISPOSITION OF ISSUES REMANDED IN ALAB-937 Licensees, pursuant ~to 10 C.F.R. 6'2.734, on the basis of the Affidavits of Dennis S. Mileti.(Mileti Affidavit) and Anthony- i

I M. Callendrello (Callendrello Affidavit) attached hereto, and for-the reasons set forth below, move.the Li' censing Board to enter an order

granting summary disposition in favor of the Licensees with respect to the issues remanded by the Appeal Board to this 4 Licensing Board l'n the decision denominated ALAB-937. J LI-.- In'ALAB-937, the Appeal Board remanded to this Licensing  ;

Board two issues for further consideration. These issues are: i "1. Is there reasonable assurance that, in the event of a radiological emergency at Seabrook necessitating an evacuation of

'Public Service Company of New Hampshire (Seabrook Station, a Units 1.and 2), ALAB-937, 32 NRC (Sept. 18, 1990).

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9010300237 901022 PDR O ADOCK 05000443 M PDR

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o I children'in schools and day-care centers.

within the Massachusetts EPZ, a sufficient I number of teachers and day-care centor

. personnel' will escort the children to i.he School Host Facility;at Holy Cross College 3 I and remain with those children until relieved!

of that assignment? ,

If such reasonable assurance does not I

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exist, have the (licensees) made' satisfactory

' alternative arrangements:for the care-and supervision of the children both on the bus ,

I '4 trip to Worcester and duripg their. stay at the School Host Facility?"

-The-Mileti Affidavit establishes that there is reasonable assurance that sufficient school' personnel will, in fact, accompany the children to the School Host Facility and remain there to provide care.3 Even if one'does not accept the views expressed in'the Mileti Affidavit, the callendrello' Affidavit

. establishes that there exist sufficient.ORO personnel to care for I the children at the School Host Facility even if'the teachers are=

' assumed to abandon their responsibilities'. With respect to the care and-supervision of children on the bus, children' ride-school

. buses all'the time with no " supervision and care" beyond that supplied by the adult bus driver.'

IIB In short, there remains no genuine: issue as-to any material n.

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2 ALAB-937, Slip op, at 32-33.

.w 3Mileti Aff., passim.

" 'Callendrello Aff., 1 18.

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'; $ 3-e3 f act. with respect *.o the' matters remanded. in AIAB-937, and,.

[I ltherefore,-the' Licencees are entitledito. judgment as'~a ma'tter of-3 -r

. law.

Respectfully.s'ubmitted, <

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_b_ t Thomas-G. DifJ Kn, Jr.

George'H. Lewald 7

i. I, , Kathryn:Selleck Shea 4" Jeffrey P. Troutt

,5 Ropes & Gray One~ International Place ljj i Boston,'MA 02110-2624

] (617)' 951-7000 e l Counsel :.for Licensees - )

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. SL Material-Facts as to Which There- 1 Is No Genuine' Issue to Be Neard 4

I l1. Persons in roles of responsibility for others before-an emergency-begins have role certe.inty about being responsible for

their charges during an emergency. independent of planning and training. Mileti Aff., 11 7-8.

.2.- There is reasonable assurance that sufficient' school-I personnel.will respond to care for and. supervise school children-and day-care center chil'dren being evacuated as a result of a radiological emergency at Seabrook. Station. Mileti Aff., cassim.

3. There are sufficient ORO personnel assigned to care for the'. children at the School Host Facility, even if teachers should abandon their charges and refuse to accompany or care for them in a radiological emergency at Seabrook Station.- Callendrello Aff.,

I cassim.

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