ML20086T984

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Forwards Directors Decision Denying 910412 Request That NRC Withhold Determination on Whether ALAB-941 Was Satisfied in Dec 1990 Exercise for Facility
ML20086T984
Person / Time
Site: Seabrook NextEra Energy icon.png
Issue date: 12/27/1991
From: Murley T
Office of Nuclear Reactor Regulation
To:
GRAYSTONE EMERGENCY MANAGEMENT ASSOCIATES
Shared Package
ML20086T989 List:
References
CON-#491-12461 2.206, ALAB-941, NUDOCS 9201070146
Download: ML20086T984 (3)


Text

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December 27, 1991 Docket No. 50-443 OL (10CFR2.206)

Mr. Michael C. Sinclair Graystone Emergency Management Associates 13 Suriner Street Hillsboro, New Hampshire 03244

Dear Mr. Sinclair:

By ltitter of April 12, 1991, you submitted to the Chairman of the x ic Safety and Licensing Board a request that the V

5. Nuclear Regulatory ConbJien (NRC) withhold a detertnination on whether the directive in ALAB-941 was satisfied in the December 1990 exercise for the Seebrook Nuclear Station.

ALAB-941 describes the scope of the June 1988 full-particioation exercise at Seabrook. You stated that the directive would not be satisfied until there is documented evidence that the vast inajority of the participating special facilities have adequately demonstrated the ability to implement their emergercy response procedures. Yca had previously brought ycur concern to the attention of the Licensing Board in a letter of March 25, 1991. You csserted that tht Federal Emergency Management Agency's (FEMA's) conclusions regarding the 1990 Seabrook exercise, which were summarized in a March 1,1991, letter from a FEM official to the NFit staff, did not adequetely aJdress the Appeal Board's directive.

By Memorandum and Order of May 24, 1991, the Ap p al Board stated that it was treating your letter as a request for action pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206). Thus, the Board referred the letter (petition) to the Executive Director for Operations (r00) for disposition under that regulation. The ED0 referred your request to me for action.

I notified you by letter of June 27, 1991, that the NRC is hcndling your letter in accordance with 10 CFR 2.206.

You raised concerns primarily about FEMA's initial sunnary of the exercise as contained in the March 1, 1991, letter by a FEMA official. Therefore, the staff requested FEMA's assistance in responding to your petition. The staff made this request to FEMA in accordance with an April 1985 memorandum of understanding between FEMA and NRC. Responding to your October 10, 1991, letter requestirig a status report, I advised you in a letter of October 24, 1991, that I had requested FEMA's connents on your petition.

The staff reviewed FEMA's response of October 10, 1991, and has concluded its evaluation of your petition.

For the reasons stated in the Director's Decision 3

under 10 CFR 2.206" (hereinafter Decision), your petition is deniec.

I have enclosed a copy of the Decision.

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tir. Michael C. Sinclair 2

December 27, 1991 Although your petition nade reference to Seabrook Station Units 1 and 2, the staff riotes that emergency planning for Unit 2 is unnecessary because construction of that unit has been aborted, the construction permit has expired, and there is no application pending for an operating license.

Therefore, your petition and the enciased Decision apply only to Unit 1.

The staff will file a copy of this Decision with the Office of the Secretary for the Commission to review in accordance with 10 CFR 2.206(c).

As provided in 10 CFR 2.206(c), this Decision will become the final action of the Commission in 25 days, unless the Cornission determines to review the Decision within that time. A related L.otice has also been filed with the Office of the Federal Register for publication.

Sincerely, Origina. signed by ItumaaI. Murley Thcmas E. Murley, Directcr Office of Huclear Reactor Regulation

Enclosures:

1.

Director's Decision 2.

Fed 9ral Register Notice cc:

Public Service Company of New Hampshire

  • See previous concurrence DFC
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DATE

12/16/91
12/18/91
12/18/91
12/19/91
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OFFICIAL RECORD COPY Document Hame:

SINCLAIR LTR RE SEABROOK l

1

o DISTRIB!JTION:

fioKitTITFTO-443 w/cy 'of incoming (-

NRC PDR w/cy of incoming Local PDR w/cy of incomirg EDO #0006570 EDO F1eading J. Sniezek J. Blaba H. Thompson T. tturley/F. Miraglia J. Partlow PDl-3 Reading w/cy of incoming J. Calvo OGC - J. Goldberg GPA SECY J. Taylor E. Tana, Pt'.AS (E00 #0006570) w/cy of incoming G. Edison w/cy of incoming M. Rushbroot PDI-3 Green Ticket File R. Lobel J. Linville, Region 1 T. Martin, Region !

C. Hehl, Region 1 F. Congel W. Cutler J. Partlow A. Chu C. Norsworthy