ML20080J275

Response Opposing Towns of Kensington & South Hampton Contentions on Town Emergency Plans.Municipalities Should Not Be Allowed to Attack Own Emergency Plans in NRC Forums. Certificate of Svc Encl

ML20080J275
Person / Time
Site:	Seabrook
Issue date:	09/21/1983
From:	Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8309260281
Download: ML20080J275 (5)

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Dated: Szptember 21, 1983 DOCKETED USNRC 53 SEP 23 si 54 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION hhy$4(([hjh EMNCH before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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

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(Seabrook Station, Units 1 & 2) )

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APPLICANTS' RESPONSE TO THE CONTENTIONS OF THE TOWN OF KENSINGTON RELATIVE TO EMERGENCY PLANNING FOR THE TOWN OF KENSINGTON AND i

CONTENTIONS OF TBZ TOWN OF SOUTH HAMPTON, NEW HAMPSHIRE, RELATIVE i

TO EMERGENCY PLANNING FOR THE TOWN OF SOUTH HAMPTON The Towns of Kensington and South Hampton have each filed contentions attacking their own respective emergency plans as inadequate or inoperable. In each case it is contended to a greater or lesser extent that (a) the town has not the personnel or equipment to carry through in conformity with the emergency plan and (b) that officials of the towns will be unable or unwilling to perform their duties.

8309260281 830921 PDR ADOCK 05000443 o PDR 3,

It is the Applicants' position that municipalities should not be heard to attack their own emergency plans in NRC forums. To do so is in defiance of all legal logic.

Adjudicatory form of federal agencies are not created for the purpose of allowing other governmental agencies to have a forum in which to debate the wisdom or efficiency of their own acts.

In addition, we believe that to the extent that the contentions are premised on the notion that public officials will not do their duty they should be denied as a matter of substance. The law presumes that public officials will act in accord with their legal obligations. It is inconceivable that the personal psyche of every official must be examined to ascertain whether he or she will refuse to perform sworn duties. At that point in this process the remedy .nust be left in the hands of the electorate. If the Chairman of the Board of Selectmen of South Hampton has announced that she will see to the safety of her family prior to undertaking any official duties the electorate either can live with such an official in office if 4t chooses or turn her out at the next town election. In any event, the function of this Board and Agency is not to police the performance in office of local town officials.

It is interesting to note that a number of contentions are made to the effect that volunteer firemen and policemen may not be reachable. Those contentions ring hollow in

. o light of the fact that there is no allegation that in fact fires have gone unfought or calls for police help have gone unanswered in the past. The need, willingness and duty of public officials to act is no greater or less in a radiation emergency than it is in case of hurricane, fire, flood or other natural disaster. This fact is constantly lost sight of in these proceedings and should not be.

The contentions should be denied in both cases.

Reap =c* g ,

K LV Thomas G. Dignan, Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 l

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4 CERTIFICATE OF SERVICE ED efN C I, Thomas G. Dignan, Jr., one of the attorneyshoS@t$) Ali:54 Applicants herein, hereby certify that on September'21, 1983, I made ' service of the within document by ma g g copies thereof, postage prepaid, to:

00CKETING S BRAT!CH

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Helen Hoyt, Chairperson Brian P. Cassidy, Esquire Atomic Safety and Licensing Regional Counsel Board Panel Federal Emergency Management

" 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 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 Regalatory Commission Department of the Attorney General Washington, DC 20555 One Ashburton Place, 19th Floor Boston, MA 02108 i

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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) f ,//_

, h Thoma's G g gnan, Jr.

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