ML20195B527

Request to Participate as Interested Municipality in Proceedings Re State of Ma Radiological Emergency Response Plan

ML20195B527
Person / Time
Site:	Seabrook
Issue date:	05/23/1986
From:	Mizner J SILVERGLATE, GERTNER, BAKER, FINE & GOOD, WEST NEWBURY, MA
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20195B518	List: ML20195B513 ML20195B527 ML20195B540
References
OL, NUDOCS 8605290388
Download: ML20195B527 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before The Atomic Safety and Licensing Board p ' ' 3-In the Matter of )

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PUBLIC SERVICE COMPANY ) Docket Nos. 50-443-OL OF NEW HAMPSHIRE ) 50-444-OL (Seabrook Station, Units 1 and 2 )

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PETITION OF THE TOWN OF WEST NEWBURY, MASSACHUSETTS TO PARTICIPATE AS AN INTERESTED MUNICIPALITY IN THE PROCEEDINGS RELATED TO THE LICENSING OF SEABROOK STATION ON CONTENTIONS RELATING TO ANY MASSACHUSETTS RADIOLOGICAL EMERGENCY RESPONSE PLAN SUBMITTED AND/OR CONSIDERED BY THE NUCLEAR REGULATORY COMMISSION Pursuant to 10 CFR Section 2.715(c), the Town of West Newbury, Massachusetts (hereinafter ieferred to as the

" Town"), petitions the Atonic Safety and Licensing Board (hereinafter referred to as the " Board") to grant it leave to participate in the above-captioned proceedings as an interested Municipality with regard to any and all contentions concerning any Massachusetts Radiological Emergency Response Plan (hereinafter referred to as "MRERP")

submitted and/or considered in connection with these proceedings.

The Town will be represented by undersigned special town counsel, Judith H. Mizner, upon whom service may be mado.

The Town wishes to participate in this proceeding with regard to all issues raised concerning any MRERP submitted 8605290388 860523 PDR ADOCK 05000443 0 pop

and/or considered in connection with these proceedings.

Further specificity of the particular contentions which the Town seeks leave to address cannot be provided at this time since the Commonwealth of Massachusetts has not yet submitted a Radiological Emergency Response Plan for review in connection with these proceedings and, therefore, no contentions concerning any such plan have been filed by any parties.

In support of its petition for leave to participate in the above-captioned proceedings as an interested Municipality the Town states the following reasons:

1. West Newbury is one of six communities in the Commonwealth of Massachusetts located within the Emergency Planning Zone (hereinafter referred to as the "EPZ")

established for Seabrook Station. .

2. Pursuant to 10 CFR Section 50.47(a) (1), before Seabrook Station can be granted an operating license, the Nuclear Regulatory Commission (hereinafter referred to as the "NRC") must make a finding "that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency" in the communities within the EPZ.

3. Pursuant to 10 CFR Section 50.47(a) (2) the NRC

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s finding set forth above will be based, inter alia, on "a review of the Federal Emergency Management Agency (FEMA) findings and determinations as to whether State and local emergency plans are adequate and whether there is reasonable assurance that they can be implemented,..."

4. Under the provisions set forth in paragraphs 2 and 3 above, as a municipality within the EPZ the Town is one of the entities for which there must be in place an adequate emergency response plan which can and will be implemented -

before Seabrook Station can be granted an operating license.

5. A plan for the Town must be part of any MRERP submitted by the Commonwealth of Massachusetts and review of any plans submitted by the Commonwealth of Massachusetts, including any plan submitted for'the Town, is an element of the proceedings before this Board.

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6. The contents, adequacy and viability of any MRERP are matters of vital concern to the Town. The health, safety, welfare and property of the citizens of the Town will be directly affected by the results of the proceedings related to any such plan.

7. For over a year, the Board of Selectmen of the Town and an advisory Committee (the West Newbury Emergency Response Committee) met on a regular basis and reviewed

various drafts of proposed emergency response plans for the Town, as well as various drafts of proposed emergency response plans for the commonwealth of Massachusetts. That review has not yet been completed. However, because of this process, the Town has particular knowledge, not possessed by other parties to these proceedings, relating to the adequacy and viability of any plan concerning the Town, and whether any plan can and will be implemented. Accordingly, the Town's participation can reasonably be expected to contribute and assist in developing a sound record in these proceedings and to best represent the particular interests of the Town.

Wherefore, the Town respectfully requests that it be granted leave to participate in the above-captioned proceedings as an interested Municipality.

Respectfully submitted, By its attorney,

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y_.g. ,7 5sf v-Judith H. Mizner SILVERGLATE, GERTNER, BAKER FINE, GOOD & MIZNER 88 Broad Street Boston, MA 02110 (617) 542-6663 Dated: May 23, 1986