ML20149L889

Advises That,In Light of FEMA Supplemental Testimony,Nrc Will Not File Testimony on Beach Shelter Issues Independent of FEMA

ML20149L889
Person / Time
Site:	Seabrook
Issue date:	02/22/1988
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Harbour J, Linenberger G, Smith I Atomic Safety and Licensing Board Panel
References
CON-#188-5662 OL, NUDOCS 8802250109
Download: ML20149L889 (2)

Text

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FEB 2 21988

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00CXEh804 Styg g-BRsNc6 Ivan W. Smith Esq., Chairman Custave A. Linenberger, Jr.

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 In the M.atter of PUPI IC SERVICE COur) ANY OF NEW HAMPSHIRE ET AL.

(Seabrook Station, Units 1 and 2) dC Dccket _ Nos. 50-443, 50-444 Of f-Site Emeroenc,y Planninn

Dear Administrative Judges:

At the Licensing Board's request and in the interest of facilitating the scheduling of further hearings, the NRC Staff has committed to inforrr the Board and parties of the position it would take with respect to the beach shelter contentions, in the event it should determine to rebut the testimony to be filed by the Federal Emergency Man (FEMA) following the Staff's receipt and review thereof. ggement Agency ,

In essence, this filing was to present a hypotipicil updating of the Staff's rgponses to interrogatories filed by NECNP - and the Town of Hampton, - which had sought to discover the Staff's position with respect to the admitted contentions.

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-1/ See "Memorandum and Order (Setting and Proposing Schedule ElIIestones)", dated February 3,1988, at 4; Tr. 9111-13.

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-2/ See "NRC Staff's Response to NECNP's First Set of Interrogatories and Request for the Production of Documents to the NRC Staff and the Executive Director for Operations on Revision 2 to the New Hampshire Radiological Errergency Response Plan," filed March 18, 1987.

3/

~ See "NRC S ta ff's Resnonse to Town of Hampton First Set of Interrogatories and Recuest for the Production of Documents to the NRC on the New Hampshire Radioloolcal Emergency Response Plans (As Corrected)," filed March 18, 1987.

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As the Board is aware, on January 25, 1988, FEMA submitted supplemental testimony on these matters, in which it summarized its current position on the beach shelter contentions. Therein, FEMA indicated that it required further information from the State of New Hampshire before it could reach a decision on the adequacy of the plan, and further stated that its position "should not be interpreted to mean that FEVA has imposed a requirement that sheltering be available." The meaning of the supplerrental testimony was discussed by the Board and parties in a telephor,e conference call held on January 28, 1988. On February 18, 1988, I transmitted a letter to H. Joseph Flynn, Counsel for FEMA, confirming the Staff's understanding of FEMA's supplemental testimony, as agreed to by Mr. Flynn, and indicated that the S ta ff's determination whether to take a position on the issues independent of FEVA would be based upon the Staff's stated understanding of FEMA's supplemental testimony.

By this letter, I wish to advise the Board and parties that in light of PEMA's supplemental testimony, and in accordance with the current Memorandurr of Understanding between our two agencies, the Staff has determined that it will not file testimony on the beach shelter issues independent of FEMA. In llaht of this determination, Counsel for the Town of Han pter, has informed me that the Staff need not update its answers to the Town's interrogatories at this time. Coursel for NECNP, who previously indicated that updated discovery responses would not be necessary if the Staff elected not to file testimony, has this matter under advisement .

Sincerely, Ml~lW Sherwin E. Turk Senior Supervisory Trial Attorney cc: Service List

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