ML20195B540

Petition of Town of West Newbury,Ma for Leave to Intervene in Proceedings Re State of Ma Radiological Emergency Response Plan.W/Certificate of Svc

ML20195B540
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 8605290398
Download: ML20195B540 (8)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION k , rer Before The Atomic Safety and Licensing Board g1 i -/

f In the Matter of ) \

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, PUBLIC SERVICE COMPANY ) Docket Nos. 50-443-0 OF NEW HAMPSHIRE ) 50-444-OL

_'(Seabrook Stat. ion, Units 1 and 2 )

)

PETITION OF THE TOWN OF WEST NEWBURY,' MASSACHUSETTS TO INTERVENE IN THE PROCEEDINGS RELATED TO THE LICENSING OF SEABROOK STATION RELATING TO ANY MASSACHUSETTS RADIOLOGICAL I

EMERGENCY RESPONSE PLAN SUBMITTED AND/OR CONSIDERED BY THE NUCLEAR REGULATORY COMMISSION-l Pursuant to 10 CFR Section 2.714 (a) (1) , the Town of West Newbury, Massachusetts (hereinafter referred to as the

" Town") , petitions the Atomic Safety and Licensing Board 2

(hereinafter referred to as the " Board") , to grant it leave to intervene in the above-captioned proceedings with regard to any Massachusetts Radiological Emergency Response Plan (hereinafter referred to as the "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 made.

The' Town wishes to file contentions and participate in these proceedings with regard to all issues raised r

concerning any MRERP submitted and/or considered in connection with these proceedings. At this time the Town 8605290398 860523 i PDR ADOCK 05000443 Q PDR

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cannot further particularize the specific aspect (s) of the subject matter as to which it wishes to intervene since the Commonwealth of Massachusetts has not yet submitted a MRERP for review in connection with these proceedings.

In support of this petition, the Town states the following reasons why intervention should be allowed:

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 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,..."

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4. As a municipality within the EPZ the Town is one of the entities for which there must be in place an adequate Radiological Emergency Response Plan which can and will be implemented before Seabrook Station can be granted an operating license.

5. A plan for the Town will 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.

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. Participation by the Town will assist in the development of a sound record. 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 radiological emergency response plans for the' Town, as well as various drafts of proposed radiological emergency response plans for the Commonwealth of Massachusetts. While that review has

not yet been completed, the Town has particular knowledge of the-factors relevant to the adequacy and viability of any emergency response plan for the Town and whether any plan can and will be implemented that may reasonably be expected

' to contribute and assist in developing a sound record in these proceedings.

8. For the reasons set forth above in paragraph 7 the Town has particular knowledge, not possessed by other parties to these proceedings, of the adequacy and viability of any plan concerning the Town and whether any such plan can and will be implemented.

9. While the Attorney General of the Commonwealth of Massachusetts has been granted permission to intervene in these proceedings, and may represent some of the same interests as those of the Town, his interests are not necessarily the same as those of the Town. Nor can the Attorney General be expected to have the same particular knowledge and perspective as the Town insofar as any plan would affect the Town.

10. The Town's participation will not delay the proceedings, since the Commonwealth of Massachusetts has not

_ yet submitted a plan to the FEMA and no schedule for a hearing on any such plan has yet been set. Nor should the L..

• Town's participation broaden the issues beyond those already raised in that the adequacy and viability of any plan affecting the Town is already an issue before the Board in

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- these licensing proceedings and the Town seeks leave to intervene on issues concerning the adequacy and viability of any plan affecting the Town.

Wherefore, the Town respectfully requests that it be granted leave to intervene in the above-captioned proceedings.

Respectfully submitted, By its attorney, j O C P D'f ~

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

. /

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION -

$ j Before The Atomic Safety and Licensing Board $ -

In the Matter of )

)

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

)

CERTIFICATE OF SERVICE I, Judith H. Mizner, hereby certify that on May 23, 1986 I made service of the within documents by mailing copies thereof, postage prepaid, by first class mail, to:

Administrative Judge Dr. Emmeth A. Luebke Helen Hoyt, Chairperson Atomic Safety & Licensing Board U.S. Nuclear. Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Dr. Jerry Harbour Sherwin E. Turk, Esq.

Atomic Safety & Licensing Office of the Executive Legal U.S. Nuclear Regulatory Director ,

Commission U.S. Nuclear Regulatory East West Towers Building Commission 4350 East West Highway East West Towers Building Bethesda, MD 20814 4350 East West Highway

,' Bethesda, MD 20814 H. Joseph Flynn, Esq. Stephen E. Merrill, Esq.

Assistant General Counsel Attorney General Office of General. Counsel George Dana Bisbee, Esq.

Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General l 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301' Docketing and Service Paul A. Fritzche, Esq.

j, U.S. Nuclear Regulatory Office of the Public Advocate -

Commission State House Station 112 Washington, DC 20555 Augusta, ME 04333 i

V Roberta C. Peavear Ms. Diana P. Randall State Representative 70 Collins St.

Town of Hampton Falls Seabrook, NH 03874 Drinkwater Rd.

Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell St.

Commission P.O. Box 516 Washington, D.C. 20555 Manchester, NH 03106 Atomic _ Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market St.

Commission Portsmcuth, NH 03801 Washington, DC 20555 Paul McEachern, Esq. J.P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern , 10 Central Road 25 Maplewood Ave. Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall ,

Rte. 107 126 Daniel St.

E. Kingston, NH 03827 Portsmouth, NH,03801

• '\

Senator Gordon J. Humphrey Mr. Angalo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Rd.

(Attn. Tom Burack) Newbury, MA 01950

. Senator Gordon J. Humphrey '

Mr. Peter J. Matthews 1 Pillsbury St. Mayor Concord, NH 03301 City Eall (Attn. Herb Boynton) Newburyport, MA 01950 Mr. Donald E. Chick William Lord .

Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front St. , Friend St.

Exeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W. Holmes, Esq.s RFD Dalton Rd. Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Rd.

Hampton, NH 03841

4 Philip Ahrens, Esq. Diane Curran, Esq.

Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General 2001 S. Street, N.W.

State House Station #6 washington, DC 20009 Augusta, ME 04333

, Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant St.

225 Franklin St. Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Rd. Federal Emergency Management Agency Hamptcn, NH 03842 442 McCormack Fedetal Building

, Post Office Square Boston, MA 02109 i

William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell St., RFD 2 10 Front St. So. Hampton, NH 03827 Exeter, NH 03833 i

Stanley W. Knowles, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen P.O. Box 710 13-15 Newmarket Rd.

No. Hampton, NH 03862 Durham, NH 03824 i

Allen Lampert Administrative Judge Sheldon l

Civil Defense Director J. Wolfe, Chairman Town of Erentwood Atomic Safety and Licensing 20 Franklin St. Board Panel Exeter, NH 03833 U.S. Nuclear Regulatory Commission Washington, DC 20555 I

Jerard A. Croteau, Constable Carol S. Sneider 82 Beach Rd. Assistant Attorney General I P.O. Box 5501 Environmental Protection Division

!: Salisbury, MA 01950 1 Ashburton Place l

Boston, MA 02108 t

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Judith H. Mizner SILVERGLATE, GERTNER, BAKER, FINJ GOOD & MIZNER 88 Broad Street i

Boston, MA 02110

! (617) 542-6663 i

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