ML20137X439

Response Opposing Town of Hampton 860219 Motions to Extend Deadline for Filing Contentions on Evacuation Time Study & to Establish Location for Public Hearings.Certificate of Svc Encl

ML20137X439
Person / Time
Site:	Seabrook
Issue date:	03/04/1986
From:	Goddard R, Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
References
CON-#186-299 OL, NUDOCS 8603060255
Download: ML20137X439 (8)

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, March 4,1986 00CKETED UNITED STATES OF AMERICA USHRC NUCLEAR REGULATORY COMMISSION

'86 NAR -5 Pl2 :05 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OfflCE : .~

00CXLimu& m In the Matter of ) DRMK *t

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 OLO NEW HAf!PSHIRE, et al. ) 50-444 OLG

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(Seabrook Station, Units 1 and 2) )

NRC STAFF'S RESPONSE TO MOTIONS FILED BY TIIE TOWN OF HAMPTON ON FEBRUARY 19, 1986 On February 21, 1986, the Town of IIampton filed two motions ,

entitled (a) " Motion to Extend Deadline for Filing Contentions on Evacuation Time Study," and (b) " Motion to Establish Hearing Location for Public Hearings." For the reasons set forth below, the NRC Staff believes that these motions are premature and, further, that the Town of Hampton has failed to demonstrate suffielent grounds to support its motions. Accordingly, the Staff opposes the Town's motions and recommends that they be denied.

DISCUSSION A. Deadline for Filing ETS Contentions.

In its motion to extend the deadline for filing contentions on the Evacuation Time Study (ETS), the Town notes that the State of New Hampshire _has arranged for a new evacuation time study to be prepared by its consultant ("KLD") , which is to be submitted as part of the State's radiological emergency response plan. .The Town states that 8603060255 860304 PDR ADOCK 05000443 O PDR 3301

r "the latest draft" of the ETS has not yet been submitted to the Board and parties , and the Town requests that it be allowed to file conten-tions addressing the ETS within 30 days after it has recci- that document. $l The Town of Hampton appears to be correct in stating that KLD is currently preparing an evacuation time study on behalf of the State of New Hampshire. Counsel for the Staff has been informed that KLD currently expects to submit the completed ETS to the State on or about March 7, 1986, and that State approval of the ETS co'dd be rendered soon thereafter. Counsel for the Staff has also been informed that once the State has approved the ETS, it will be forwarded to the Board and parties as Volume 5 to the State's radiological emergency response plan and Appendix E to the New Hampshire town plans, which were not included in the Staff's submittal of offsite emergency plans on Jan-uary 10, 1986. I*/

1_/ Alternatively, the Town requests that the Board should decline to consider any ETS subsequently filed by the State in reaching its 10 C.F.R. 9 50.47 " reasonable assurance" finding, although no jus-tification has been provided to support this request. The Staff opposes this request on the grounds that it would be inappropriate for the Board to decline to consider the ETS at this time, before it can be known whether that action would result in prejudice to the Applicants or to any other parties who may later seek to liti-gate the adequacy of the ETS.

-2/ The Staff expresses no opinion at this time as to what effect the submission of the State's ETS may have upon litigation in this proceeding. As the Board is aware, the Applicants have submitted an evacuation time estimate as part of their onsite emergency plan, as required by 10 C.F.R. Part 50, Appendix E, and the adequacy of that -document has already been litigated. In the event that the Applicants should adopt the State's ETS in lieu of their own ETE, (FOOTNOTE CONTINUED ON NEXT PAGE)

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. Based on the Staff's understanding of the current incomplete status of the State's ETS, the Staff agrees that contentions addressing that i document should not be required to be filed at this time. 3/ Moreover, ,

the Staff does not interpret the Licensing Board's Order of January 17,- .

1986 to have required that contentions addressing the ETS be filed 4

along with other contentions by February 24, 1986. Rather, that Order i

governs the filing only of those contentions which address the emergency planning materials served by the Staff on January 10, 1986; contentions ,

addressing other portions of the offsite plans, not yet served on the  ;

Ecard and parties, do not appear to be the subject of that Order. The ,

i avestion as to how much time should be afforded for the filing of ETS contentions. if not already governed by the Board's May 23,1983 Order establishing time frames , should await the filing of the State's ETS. '

A ccordin gly , the Staff opposes the Town's motion and recommends that it -  !

be denied. ,

(FOOTNC TE <DNTINUED FPOM PREV]OUS PAGE)  ;

the record in the prior litigation could, conceivably, be affected.

Ahernatively, if the Applicants do not ndopt the State's ETS, and onsite and offsite officials plan to utilize different evacuation tine estimates in arriving et protective action recommendations during an emergency, offsite emergency planning issues could arise for litigation before this Board.

3/ The Staff's views on this natter might be different if the-; Town and other parties had received an earlier draft of the ETS, which was indicated to be in near-l'inal form , arid as to which meaningful con-tentions could therefore have been drafted before . February 24.-1986.

To the best of the St aff's knowledge, .however^, .no suci earlier ,

• near-final version of the ETS has been received :by -the Eurd and i parties , an_d the Staff is not awnre of any reason'phy the partiec  !

might have been required to file ETS contentions by th~at date, j

. ~4- l B The .Est ablishment of A Hearing _ Location.

The Town's motion to establish a hearing Jocation urges the Board to select the Town of Hac'pton as the site for evidentiary hearings on all of the State and local (.mcagency response plans in this proceeding.

In support of this request, the Town notes that it has "the largest mean peak population of all towns within ten miles of the Seabrook Station,"

that the Town is centrally located to the Seabrook site and all towns within ten rdles of 1:he plant., and that hearings in the Town of Hampton 2

wculd provide the grea test . opportunity for public participation in the hearings, 4/

While the Town has tiet forth important facts supporting its selec-tion as the cite for pub 2ic hearings in this proceeding, the Town has

failed to sddrees other factors -- such as the availahflity of adequate hcaring rooms, 2cdging accomodations, photocepying machines, and tele-phone faellities. Fforeover, at the pretent ti;ue, before any ruling has heen issued on the admissibility of contentions or on summary disposi-1

iion of admitted issucs. no decision as to the location of evidentiary hearings is required. Accordingly, the Staff opposes the Town's mollon .

i and recontends that it be denied.

~4/ Sour Nett flampshire State Representatives previously requested , on

, behalf of the Towns of fla;npten and Jiampton Falls, that hearings ,

be convened in the sesecast vicinity. Letter to Licensing Board Chair. person Helen F. Hoyt, frofi. PackinghPm District #17 Representa-tives. 'Parr , Hollingwcr"1, hiker and Pcvear, dated January 23,

.1986. That request was opposed by the Staff as premature. "NRC Staff's Response to Objections Filed By Towns of Rye, Hampton and Hampton Islls, and by (SAP.L] and [NECNP1," dated February 11, 1986, at 6 n.9 t

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4 CONCLUGJON For the reason.s set forth above, the Staff 6ppose.s the motions filed by the Town of Hampton and recommends that they be denied. I l d I

., Respectfully submitted, 1

l$$5/$ff Richard J. Goddard s Counsel for NRC Staff i

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Sherwin E. Turk

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, Deputy Assistant Chief

.! Hearing Counsel i

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Dated at Bethesda, Maryland

this 4th c'ay cf March.1986 '.

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00.EEifC .

UNITED STATES OF AMEftICA WE0 NUCLEA'R REGULATORY COTmliSSION N N -5 M2 05 '

1 BEFORE THE atoll!C FAFETY ARD LICENSIN.'I BOARD .

0FHCE s . . . ,~-

60CHU;.% .. W J;g in the Matter of } ERAhiC6 3

PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 OL-2 NEV IIAMPSHIRE, et _aL_

)56-444 01-2

< (Seabrook Station, Units 1 an<12) )

Ceil 7IFICATE OF SERS/ ICE 4

I hereby ceriMy that copies of "NHC STAFF'S RESPONSE TO MOTIONS FTLFD BY ThZ TOWN 07 litJ1? TON ON FEBRUAP.Y 19,1986" in the above-

captioned proewding have been served on the following by deposR in "

i tine Unitivi *tries

. mau, first clasc or,. as indjcated by an ar.terisk, "

through deposit in the Nuclear Re.gulatory Commission's internal mcdl ,

system, this 4th day of March,1956.

Helen Hoyt , Esq., Chairman

• Dr. Emmeth A, i.uebke*

Mrinistrative Judge Ad.ministrative Judge Atomic Safety and licensing Board Atomic Eately end ideensing Boced U.S. Nuclear Reguletory Comnission U.S. Nuclear Reguletory Comtoission Washington, D.C. 7D555 Washington, D. L 24555 Dr. Jerry Harbour

• Jo Ann Shotweit -

Administ. ative ludge Aseistant Attorney General l I Atomic Safety and Licenaing Board Office of the Attorney General U.S. Nuclear Regulatory Commis31on One Ashburton P:Aca.,19th Floor Washington, D.C. 20555 Boston, MA 02108 Beverly Hollingworth Stephen E. Merrin 209 Winnacunnet Road Attorney General i

Hampton, Ni! 03842 George Dana Risbee Assistant Attorney Genent Sandrs Gavutis, Chairman Office of the Attorney General Board of 5electmen 25 Capitol Street RFD 1 Box 1154 Concord, NH 03301-6397 Kensington, NH 03827

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Richard A. Ha;npc. Esq. '

tiew Hacpshire Civil Defense Agency 107 Pleassnt Street  ;

Concord, NH 63391 4 -

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4 Calvin A. Canney, City IJanager Allen Lampert Civil Defense Director City Hall

, 126 Daniel Street

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Town of Brentwood Portsmouth, lHI 03201 20 Franklin StrGet Exeter, NIT 03833 Roberta C. Pevear State Representative Angie D1schitos, Chairman Tewn of flampton Fa!!s Board of Selectmen -

Drinkveter Road 05 High Road

!! amp'on Falls, NH 03844 Newbury, t.iA 09150 t Me, Robert J. Harrison Jerard A. Crotenu, Constable President and Chief Executive Off2cer 8'? Beach Road, P.O. Box 5501 l Public Service Co. cf New Homoshire Salisbury, JJA 01950 P.O. Rox 330 Manchester, NH 03105 Diane Curran, Esq.

Ilsrmon a Weiss

Robert A. Backus, Esq. 2001 S St reet , N J.' .

B acku.c . Meyer & Soloaon Suite 430 116 Towell Street Washington, D.C. 20000

( Manchester, NJ1 03166 Edward A. Thomas Philip Ahrens, Esq, Federal Emergency Management Agency Assistant Attorney Cencral 442 J .14 McCormack (PDCl!) Office of the Attorney General

. Coston, ITA 02109 State Ifouse Station, #G Augusta, PTE 04333

, P l. Flynn , Esq . Thomas G. Dignan, Jr. , Esq.

Assistant General Counsel Ropes & Gray j'

FederaI Ercrgency Management Agency 225 FranKHn Street 500 C Street, S.W. Boston, MA 07110 Washington , D.C. 20472 l Jane Douyhty Atoolc Safety and Liceneing fescoast Anti-Pollution League Board

• j 5 f.iarket Street U.S, Nuclear Regulatory CommJssion 4

Portsmouth,, Nil 038G1 Moshington, D.C. 20555 ,

Atomic Safet.r and Licenalng Paul UcEachern, Esq.

Appeal Pancl* hlatthew T. Brock, Esc.

U.S. Nuclear Regulatory Corrission fihainer a McEachern i

Washington, D.C. 20555 2511aplewood Avenue P.O. Box 360 Portsmouth, NH 02801 DocketingIand Service Section* William Armstrong l Office of the Secretary Civil Defense hirector .

U.S. Nuclear Regulatory Commission Town of Exeter Washington, D. C. 20555 10 Front Stroot -

Exeter, NH 03833

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l Naynard L. Young, Chalfman Board of Selectmen PeteY J. Matthev:s, Mayor 10 Centril Road City ; Hall Rye, N.H 03870 Newburyport, PIA' M150 ]

Dlichael Santosucsso, Chairman Office of the Town Blanager Board of Solecteen Tcwn Hell - Friend Street Fouth Ifafnpton, NH 63337 Amesbur.y, M A 01913 Stanley W. Knowles, Chairroah Mrs. Anne E, Goodman, Chai: man Board of Selectraen Board of Selectmen P.O. Box 710 13.-15 Newmarhet Ncad ,

North Hampton, N1! 03362 Durham, NH 0'4874 R, I:. Gad III, Esq. Gary W , . Holmes , Esq .

Ropes & Gray Holme.: & Ellis 225 Franklin Street 47 Winnacunnet Road Boston. MA 02110 if ampton , MM 03842 WC Sherwin E. Tur):

Deputy Assistant Chief Hearing Counsel o

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