ML20078B508
| ML20078B508 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/20/1983 |
| From: | Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8309270105 | |
| Download: ML20078B508 (4) | |
Text
,s e
py' Dated:
September 20, 1983
?W!
SEP 26 P450 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF 3EC;;t fA:
00CKETmG & SERyd":
BRANCH before the ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF NEW
)
Docket Nos. 50-443 HAMPSHIRE, et al.
)
50-444
)
(Seabrook Station, Units 1 & 2)
)
)
APPLICANTS'- RESPONSE.TO THE CONTENTION OF ATTORNEY GENERAL BELLOTTI RELATIVE TO EMERGENCY PLANNING FOR THE NEW HAMPSHIRE BEACH COMMUNITIES Under date of September 9, 1983, the Massachusetts Attorney General submitted the following contention for
~
litigation in this proceeding:
"The draft radiological emergency response plans for the Towns of Seabrook, Hampton, North Hampton and Rye do not provide reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the Seabrook Station, as required by 10 C.F.R. 5 50.47(a)(2), because in the event of a severe accident on a summer weekend some or all of the beach area transient populations within those communities cannot under any plausible meteorological conditions be protected by means of evacuation even from early death and because there are not adequate 8309270105 830920 ch PDR ADOCK 05000443 y
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$P plans or provisions for sheltering the beach area transients within those communities."
The statement bases is a lengthy paraphrase of an analysis done for Massachusetts which concludes that evacuation would not be a feasible alternative for all beach area residents under certain assumed sets of accident parameters.
If the contention is that the regulations require demonstration of evacuability of a certain area within a certain time under a.ll conditions, that simply is not the law.
Nor must it be demonstrated that everyone can be sheltered in a certain period of time.
The new emergency planning regulations are designed to assure that the bes_
possible plan is in effect.
It is not designed to guarantee that there will be nobody injured or killed as a result of every conceivable accident.
This being the case, there is no legal basis for the contention as currently framed by Massachusetts and it should not be admitted into litigation in this proceeding.
Respectfully submitted, sua Thomas G.
Dignan, Jr.
R.
K. Gad Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100.
k CERTIFICATE OF SERVICE I,
Thomas G. Dignan, Jr.,
one of the attorneys for the Applicants herein, hereby certify that on September 20, 1983, I made service of the within document by mailing copies thereof, postage prepaid, to:
Helen Hoyt, Chairperson Brian P. Cassidy, Esquire Atomic Safety and Licensing Regional Counsel Board Panel Federal Emergency Management U.S. Nuclear Regulatory Commission Agency - Region I Washington, D.C.
20555 442 POCH Boston, MA 02109 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 George Dana Bisbee, 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 Atomic Safety and Licensing Appeal Robert A. Backus, Esquire 0..
Board Panel 116 Lowell Street
.U.S.
Nuclear Regulatory Commission P O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Anne Verge, Chairperson Assistant Attorney General Board of Selectmen Department of the Attorney Town Hall General South Hampton, NH Augusta, ME 04333 David R.
Lewis, Esquire Jo Ann Shotwell, Esquire Atomic Safety and Licensing Assistant Attorney General Board Environmental Protection Bureau U.S.
Nuclear Regulatory Commission Department of the Attorney General Washington, DC 20555 One Ashburton Place, 19th Floor Boston, MA 02108
a l
Mr. Charles Cross, Esq.
Brentwood Board of Selectmen Shaines, Madrigan, & McEachern R.F.D.,
Dalton Road
- 25 Maplewood Avenue Brentwood, NH 03833 P.O.
Box 366 Portsmouth, NH 03801 State Rep. Roberta C.
Pevear Calvin A.
Canney, City Manager Drinkwater Road City Hall, 126 Daniel Street Hampton Falls, NH 03844 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Patrick J. McKeon RFD 1 Selectmen's Office East Kingston, NH 03827 10 Central Road Rye, NH 03870 Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Board of Washington, DC 20510 Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 Town Manager's Office Richard E.
Sullivan, Mayor Town Hall - Friend Street City Hall Amesbury, MA 01913 Newburyport, MA 01950 Ms. Diana P. Randall Donald E.
Chick, Town Manager 70 Collins Street Town of Exeter Seabrook, NH 03874 10 Front Street Exeter, NH 03833 Senator Gordon J. Humphrey One Pillsbury Street Concord, NH 03301
. (Attn:
Herb Boynton)
U./DW Th6 mas C. Dfifnan, Jr.
l I
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