ML20195B811

Motion for Summary Disposition of Kensington Contention 6 & South Hampton Contentions 1 & 3,based on State of Nh Answers to Interrogatories & Encl Statement of Undisputed Facts Assuring That Ltrs of Agreement in Place

ML20195B811
Person / Time
Site:	Seabrook
Issue date:	05/20/1986
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20195B803	List: ML20195B799 ML20195B811 ML20195B815 ML20195B826 ML20195B835 ML20195B848 ML20195B876 ML20195B886 ML20195B899 ML20195B924 ML20195B939 ML20195B945 ML20195B951 ML20195B956 ML20195B969 ML20195B985 ML20195B992 ML20195C010 ML20195C017 ML20195C022 ML20195C033 ML20195C041
References
RTR-NUREG-0654, RTR-NUREG-654 OL, NUDOCS 8605290552
Download: ML20195B811 (4)

Text

fe-t Dated: May 20, 1986 UNITED STATES OF AMERICA ,

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NUCLEAR REGULATORY COMMISSION p'  %

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In the Matter of )

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

) Off-site Emergency (Seabrook Station, Units 1 and 2 ) Planning Issues

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APPLICANTS' MOTION FOR

SUMMARY

DISPOSTION OF KENSINGTON CONTENTION NO. 6 AND SOUTH HAMPTON CONTENTIONS NOS. 1 AND 3 Pursuant to 10 CFR S 2.749, on the basis of the Affidavit of Richard H. Strome re Kensington Contention No. 6 and South Hampton Contentions Nos. 1 and 3 ("Strome Affidavit"); The State of New Hampshire's Answers to Interrogatories and the statement of undisputed facts attached hereto and for the reasons set forth below, the applicants move the Board to enter an order summarily disposing of Kensington Contention No. 6 and South Hampton Contentions Nos. 1 and 3 in applicants' favor.

REASONS FOR GRANTING THE MOTION Kensington Contention No. 6 reads as follows:

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1 "The December 1985 draft radiological emergency response plan for the Town of Kensington does not provide adequate arrangements for effectively using assistance and resources as required by 10 CFR S 50.47(b)(3) because there are not appropriate letters of agreement to identify and support organizations and other facilities which are to provide assistance.

This contention was admitted limited insofar as it seeks a demonstration "that letters of agreement have been obtained or will be obtained within a stated reasonable period of time from private towing and transportation resources.

Memorandum and Order (April 29, 1986) at 19. Such agreements have been obtained and are in Volume 5 of the NHRERP. Strome Affidavit 1 2.

South Hampton Contention No. I reads:

"The RERP for South Hampton fails to provide ' reasonable assurance' because, contrary to NUREG-0654 A.3, the plan includes no written agreements referring to the concept of operations or signatures."

This Board ruled that "the contention be admitted but limited to local agencies which have an emergency response role." Memorandum and Order (April 29, 1986) at 32. No such local agencies have such responsibilities under the local plan for South Hampton other than town officials.

South Hampton Contention No. 3 is:

"The RERP for South Hampton fails to provide reasonable assurance because, contrary to NUREG-0654 C.4, it contains no letters of agreement from L -

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.L-transportation companies and Midway Excavators."

This contention was admitted " limited as to agreement with transportation companies and Midway Excavators."

Transportation company letters of agreement representing availability of over 600 buses are in place. Strome Affidavit 2; State of New Hampshire's Answers to NECNP Interrogatories at p.6 re Kensington Contention 6. Midway Excavators does highway work for South Hampton.1 So.

Hampton RERP at C-3. No agreement is necessary for Midway Excavators because adequate back-up resources are available from the State if Midway should not respond. Strome Affidavit 1 3.

By their attorneys,

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w Thomas G. D g an, Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 2

South Hampton is under the mistaken impression that Midway Excavators is being relied upon as a transportation company. See Applicants' Interrogatory No. XXXII-3 and South Hampton Answer thereto.

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n STATEMENT OF FACTS AS TO WHICH THERE IS NO DISPUTE

1. Letters of Agreement are in place for nine bus companies, nine ambulance companies, The New Hampshire Towing Association and New Hampshire Transport Association.

2. No letter of agreement is needed for Midway Excavators.

3. No local agency has emergency responsibilities in South Hampton.

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