ML20154E874

Seacoast Anti-Pollution League late-filed Contention on Seabrook Plan for Commonwealth of Ma Communities.* Contention Addresses Amend 4 to Plan Received on 880415.W/ Svc List

ML20154E874
Person / Time
Site:	Seabrook
Issue date:	05/13/1988
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
References
CON-#288-6317 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8805230016
Download: ML20154E874 (6)

Text

G .3) 7 00CXETE0 UsNBC te my 16 P6.04 UNITED STATES OF AMERICA .- a,y NUCLEAR REGULATORY COMMISSION

[0C M' ""I !'

en: w' ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Ivan W. Smith, Chairman Gustave A. Linenberger, Jr.

Dr. Jerry Harbour In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPAN1 ) (ASLP No. 82-471-02-OL)

OF NEW HAMPSHIRE, et al ) (Offsite Emergency Planning)

)

(Seabrook Station, )

Units 1 and 2) ) May 13 , 1988 SEACOAST ANTI-POI.LUTION LEAGUE 'S LATE-FILED CONTENTION QN..THE_SE&aEQQE_EL&H_EQB_M8ES8CHUEETTS COMMUHITIES NOW COMES the Seacoast Anti-Pollution League and submits the within late-filed contention on the Seabrook Plan for Massachusetts Communities ("SPMC"). This contention addresses SPMC Amendment 4 which was received on or around April 15, 1988.

SAPL addresses the 5 criteria for late-filed contentions as a follows:

(i) Gand_cAugen if_An E fsr_fallnIA_to_ file _Qn_ time SAPL did not receive SPMC amendment 4 until on or around April 15, which was af ter the April 13 date by which contentions on the SPMC had to be Federal Expressed. Subsequent to that date, SAPL has been involved with preparation of extensive proposed findings on the closed portion of the New Hampshire hearing record and has attended a week of hearings on the issues 8805230016 000513 3 POR o

ADOCK 0500 ]})h2h

related to the beach population. SAPL is filing within the 30-day time frame that has customarily been the set time for filing contentions on newly received plan amendments in this case.

(ii) Tha.m allability_of_sihgr_DeaDA_Wher2by_th2 Reiltinnerla_ internal _Will_hn_ dis 12c12d2 SAPL knows of no other means by which to protect its interests in regard to the plan changes ref erenced in its j contention.

(iii)The extent _is_Which_1h2_D211119DRIla_participatiSD maZ_ItaaDDahly_b2_2XD2212d_to.angist_1D_dR221DDing_m a2MDd retard 2 SAPL intends to bring fact witnesses to testify and intends to cross-examino applicant witnes3es as to the deficiencies alleged in the within contention.

(iv) The.ex12Di_10_Which th2_D211119Darla_intersal_Will be.reDIRE2 Died _hE_ existing _parliana e No other party, to SAPL's knowledge, has filed a contention on this plan amendment.

(v) The ex12ni_1p_Which_1b2_D21111DD2Ila Dar11CIDa110D Elll_ broad en_1b2_lanu ta _nr_dglar_t h.c_ proc eedi ng2 SAPL expects, since litigation has not yet I

concenced on the SPMC other than contention filing, that this l

l issue can be litigated in the context of and along with other issues that have already been raised in prior-filed contentions.

No appreciable delay or broadening of the proceeding should therefore result.

2

r ShPL.ConttDLiga_1D The SPMC Amendment 4 f ails to provide reasonable assurance that there will be adequate means of relocation for special f acility populations in the 6 Massachusetts communities because numbers of buses for those special f acilities have been drastically reduced. There are no compensating measures to make up for the reduction in bus numbers to assure reasonably the safety of the residents of the f acilities.

Therefore, the requirements of 10 CFR S50.47(a) (1) ,

5 50. 47 (b ) (10) , and NUREG-06 54, FEMA-REP-1, Rev . 1, Supp. 1, J .10d and J.109 have not been met.

Basis: The numbers of buses set out in Amendment 3 of the SPMC for special facilities for the 6 Massachusetts communities have been drastically reduced with no apparent reason, rationale

or compensating measure 5provided to explain these plan changes.

l (See Appendix M, p. M-16) For Amesbury special facilities, for example, buses were reduced f rom 13 down to 1 and wheel chair vans were reduced f rom 9 down to 1. As another example, Newburyport's special f acility buses were reduced from 25 down to 2 and the wheel chair vans were reduced f rom 18 down to 1. Absent a reasonable number of emergency vehicles for the special f acilities for these and the other Massachusetts EPZ communities, there is no reasonable assurance that residente of special facilities can be protected. The vehicle numbers set forth in SPMC Amendment 4 are 3

not at all reasonable given the numbers of special f acility residents in those communities.

DATED: May 13 , 1988 Respectfully submitted ,

Seacoast Anti-Pollution League By its Attorneys, BACKUS, MEYER & SOLOMON By: _ _<

Robert A. Backus, Esquire 116 Lowell Street P.O. Box 516 Manchester, NH 03105 (603) 668-7272 I hereby certify that copies of the within Late-Filed Contention have been forwarded thig date by Federal Express to those indicated by an asterisk on the attached Service List and by first class mail to the remainder as per the attached Service List.

x' obert A. Backus, Esquire e

a/l l

F _- _

k53ven W. Smith, Chairman Roberta Pavear Edward Thomas Ato:ic' Ssfety end Licensing State Rep Town of Haupton pgg4 Botrd Falls U.S. NRC Drinkwater Road 442 J. W. McCormack (POCH)

Washington, DC 20555 Hampton Falls, NH 03844 BosE0hf9I02109

                                                                                                                     '88 MY 16 P6 :04 d Dr. Jerry Harbour                                                      % Docketing & Serv. Sec.          M' Thomas Dignan, Esquire Atomic Safety and Licensing                                             Office of the Secretary         (FRepes; 6'! Gray 4 /

Board U. S. NRC  ! U.S. NRC u@f3gg,jk'1'iN45breet Washington, DC 20555 BostonF,"EE 02110 j Washington, DC 20555 v v i Gustave A. Linenberger Jane Doughty Office of Selectmen Atomic Safety and Licensing SAPL Town of Hampton Falls Board Harpton Falls, NH 03844 5 Market Street i U. S. NRC Portsmouth, NH 03801 Washington, DC 20555 i Ashod N. Amirian, Esquire yhJoseph Flynn, Asst. Gen, Cnsl. George Dana Bisbee, Esquire 376 Main Street Fed. Emerg. Mgat. Agcy. Attorney General's Office Haverhill, MA 01830 500 C Street SW State.cf New Hampshire Washington, DC 20472 Concord, hH 03301 , Carol Sneider, Esquire 4FSherwin E. Turk, Esquire Sandra Gavutis Assistant Attorney General Office of Exec. Legl. Dr. Town of Kensington One Ashburton Place U. S. NRC Box 1154 19th Floor Washington, DC 20555 East Kensington, NH 03827 Bostop MA .02108  ; s Mr. Angie Machiros, Chairman Judith H. Mizner, Esquire Charles P. Graham, Esquire Town of Newbury Silvergate, Gerner, Baker, McKay, Hurphy and Graham t Town Hall Fine, Good & Mizner 25 High Poad 100 Main Street 88 Broad Street Amesbury, MA 01913 Navbury, MA 01951 Boston, MA 02110  : I i Ellyn Weiss, Esquire Paul McEachern, Esquire William S. Lord, Selectman Harmon & Weiss Matthew Brock, Esquire Town Hall  ! ! 20001 S Street NW 25 }bplewood Avenue Friend Street Suite 430 P.O. Box 360 Amesbury, }M 01913 Washington, DC 20009 Portsmouth, NH 03801 + l , f I I i

i. __ -

                                                                               -     -- --    -   - - -    -      -          ----             - - - - ~ ~ '

      .-   L%                                                            !

Ssn:tdr Cordon' J. Muttphrey U. S. Senate ' Wcshington, DC 20510 Attn: Janet Coit - l l t Atomic Safety and Licensing i Board  ! U. S. NRC Fourth Floor Reception Area Eest West Towers, West Bldg. 4350 East West Highway Bathesda, MD 20814 J. P. Nadeau Town of Rye l 155 Washington Road Rye, NH 03870 , I 1: MAdjudicatoryFile k

Atomic Safety and Licensing -

i Board Panel i i U. S. NRC Usshington, DC 20555 i p i a i d i ) l I i

                                                                        }

i  ! }  ! l 1 n . i t \ 4 l l $ i l c e t

                                            - - _ - _ - , - - - . . -}}