ML20070W158
| ML20070W158 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/11/1983 |
| From: | Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8302180310 | |
| Download: ML20070W158 (7) | |
Text
s E1LArnn coverpg773g,m h;'f?l0 UNITED STATES OF AMERICA
~d' NUCLEAR REGULATORY COMMISSION
,. W before the ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF NEW
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Docket Nos. 50-443 OL HAMPSHIRE, et al.
)
50-444 OL
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(Seabrook Station, Units 1 & 2)
)
)
APPLICANTS' NINETEENTH MOTION FOR
SUMMARY
DISPOSITION (CONTENTION SAPL SUPP. 3)
Pursuant to 10 CFR S 2.749, the Applicants hereby move for summary disposition of SAPL Contention Supp.
3.
SAPL Contention Supp. 3 reads in its entirety as follows:
"The applicable requirements of the Commission's Interim Policy Statement issued June 13, 1980, 45 Fed. Reg. 40101 on Nuclear Power Plant Accident 8302180310 830211 PDR ADOCK 05000443 G
PDR T5d3
i Considerations Under the National Environt ntal Policy Act of 1969 have not been met."
l In its answer to Applicants' Interrogatory XXV-2 i
SAPL admits that its contetion relates only to the l
Staff's compliance with the requirements of the i
National Environmental Policy Act as specified in the Interim Policy Statement referenced in the contention.
That policy statement only imposes obligations on the Staff with respect to the writing of the Final Environmental Statement (FES).
The Staff has undertaken to fulfill this duty in the Seabrook FES 5 5.9.4 which runs from pp. 5-34 through pp. 5-71.
A review of these pages indicates the Staff has I
assiduously complied with the directives of the l
Commission set forth in the Policy Statement.
The Policy Statement requires the FES to contain "a reasoned consideration of the environmental risks j
(impacts) attributable to accidents [at the Seabrook]
l facility."
This is set out in 5 5.9.4 of the FES.
As required in the Policy Statement the discussion is not confined to accidents that can reasonably be expected I
to occur, although such accidents are discussed in 5 5.9.4.5(1).
There is the required probabilistic l l i
l 1 _,_
assessment of severe accidents or, as they are sometimes known, " Class 9 accidents," set forth in 5 5.9.4.5(2).
The actual accidents analyzed are set forth in a narrative description in Appendix E to the FES.
Charts are included (Figures 5.4 through 5.7) at pp. 5-53 et seq., which show the probability distributions of various health impacts on populations.
Both atmospheric releases and releases to groundwater are discussed in detail, see pp. 5-52, 5-58, 5-59
--64.
As required in the Policy Statement the discussion of health and safety risks fairly reflects the current state of knowledge regarding such risks is included.
FES pp. 5-64 --70.
A discussion of socio-economic impacts associated with emergency measures is included within the previously cited discussion.
As required, there is a discussion of the uncertainties in the probabilistic estimates.
FES p.
5-70 --71.
And last, but not least, the conclusion, FES S 5.9.4.6, contains an assessment of the environmental risks of accidents as compared with the risk from normal operation.
In fine, the Board at this time is free to peruse the section of the FES which responds to the Policy Statement referenced in the contention and decide for.-
itself as a result of that review whether or not, as we submit it does, this fully complies with the duties of the Staff under the Policy Statement.
In short there is no factual issue left to try in connection with this contention and we believe a summary disposition is in order and that that summary disposition should be to resolve the contention adversely to SAPL.
Re nar Mu g h mitted, Thomas G.
Dignan, Jr.
R. K. Gad III Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 Telephone:
423-6100 Dated:
February 11, 1983 I
-4_
STATMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO DISPUTE 1.
The FES has issued and the Staff's response to the NRC Policy Statement of June 13, 1980 is continued therein at $ 5.9.4.
4 l.
l i
CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on February 11, 1983, I made service of the within " Applicants' Nineteenth Motion for Summary Disposition (Contention SAPL Supp.
3)," by i
mailing copies thereof, postage prepaid, to:
I Helen Hoyt, Chairperson Rep. Beverly Hollingworth Atomic Safety and Licensing Coastal Chamber of Commerce Board Panel 209 Winnacunnet Road U.S. Nuclear Regulatory Commission Hampton, NH 03842 Washington, DC 20555 l
Dr. Emmeth A.
Luebke William S.
Jordan, III, Esquire Atomic Safety and Licensing Harmon & Weiss Board Panel 1725 I Street, N.W.
U.S. Nuclear Regulatory Commission Suite 506 Washington, DC 20555 Washington, Dc 20006 Dr. Jerry Harbour E.
Tupper Kinder, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Office of the Attorney General U.S. Nuclear Regulatory Commission 208 State House Annex Washington, DC 20555 Concord, NH 03301 Atomic Safety and Licensing Roy P. Lessy, Jr., Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Commission Director Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 t
Atomic Safety and Licensing Appeal Robert A. Backus, Esquire Board Panel 116 Lowell Street U.S. Nuclear Regulatory Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 f
i Philip Ahrens, Esquire Edward J. McDermott, Esquire Assistant Attorney General Sanders and McDermott Department of the Attorney Professional Association General 408 Lafayette Road Augusta, ME 04333 Hampton, NH 03842 David L.
Lewis Jo.*.nn Shotwell, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission Department of the Attorney General Rm. E/W-439 One Ashburton Place, 19th Floor Washington, DC 20555 Boston, MA 02108 Mr. John B. Tanzer Ms. Olive L. Tash Designated Representative of Designated Representative of the Town of Hampton the Town of Brentwood 5 Morningside Drive R.F.D.
1, Dalton Road Hampton, NH 03842 Brentwood, NH 03833 Roberta C. Pevear Edward F. Meany Designated Representative of Designated Representative of the Town of Hampton Falls the Town of Rye Drinkwater Road 155 Washington Road Hampton Falls, NH 03844 Rye, NH 03870 Mrs. Sandra Gavutis Calvin A. Canney Designated Representative of City Manager the Town of Kensington City Hall RFD 1 126 Daniel Street East Kingston, NH 03827 Portsmouth, NH 03801 "K
A&
Thomas C M Jr.. -
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