ML20195B956

Motion for Summary Disposition of Town of Rye Contention 2, Based on Rh Strome Affidavit & Encl Statement of Matl Facts That Rye Local Emergency Plan Will Be Revised to Include Rannie Webster Nursing & Elderly Home

ML20195B956
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
OL, NUDOCS 8605290602
Download: ML20195B956 (3)

Text

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e j G' Dated: May 20, 1986 UNITED STATES OF AMERICA p #k 2)

NUCLEAR REGULATORY COMMISSION -

A Docm w bef re the MAY 271986* $

ATOMIC SAFETY AND LICENSING BOA cocrzrmaa SERVICE LRANCR g SLcY14EC 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

DISPOSITION OF RYE CONTENTION NO. 2 Pursuant to 10 CFR $ 2.749, on the basis of the

" Affidavit of Richard H. Strome re Rye Contention No. 2" and the statement of material facts attached hereto and for the reasons set forth below, the applicants move the Board to enter a decision summarily disposing of Rye Contention No. 2 in favor of the applicants.

REASONS FOR GRANTING THE MOTION As originally submitted Rye Contention No. 2 read as follows:

"The proposed Radiological Emergency Response Plan for. Rye is unworkable because of the lack of provisions for any means of protecting the safety of Ryc's special needs populations. Rye has at least four (4) major special B605290602 860520 DR ADOCK05000g3

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needs groups, not including special 9 needs people living at home, for which no provisions are made in the plan; and, while the plan attempts to make provis' ion for Rye's special needs facilities (5 schools), nevertheless, those provisions are inadequate particularly with regard to transportation and sheltering."

This contention was dismissed by the Board except insofar as the contention raised the issue of whether the existence of the Rannie Webster Nursing and Elderly Home (RWNEH) in the Town of Rye had been properly accounted for in the Rye Plan. In admitting this limited matter this Board stated:

"The only clearly articulated need is for the Rannie Webster Home. We believe that upon a showing by the State of New Hampshire that the omission in the State plan has been cured by inclusion of this home in the appropriate section, a motion for summary judgment will eliminate the need-for further litigation. We admit the contention awaiting further pleadings."

The applicants have filed herewith the affidavit of the Director of the New Hampshire Civil Defense Agency which demonstrates that the necessary material has now been prepared and will be inserted into the Rye plan.

By their attorneys, aw

'ThoniEs 'Wignan, Jr.

R. K. d'ad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 c

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- p- STATEMENTS OF MATERIAL FACTS AS p- ,

TO WHICH THERE IS NO DISPUTE "

l.. NHCDA is preparing and will insert the necessary Pages into the Rye local plan dealing with the Rannie Webster Nursing and Elderly Horae.

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