ML20197G428

Memorandum in Support of Town of Hampton late-filed Contentions Re Town Revised Radiological Emergency Response & Compensatory Plans,Addressing 10CFR2.714(a)(1),per ASLB 860506 Order.Certificate of Svc Encl

ML20197G428
Person / Time
Site:	Seabrook
Issue date:	05/13/1986
From:	Brock M, Mceachern P HAMPTON, NH
To:	Atomic Safety and Licensing Board Panel
References
CON-#286-138 OL, NUDOCS 8605160210
Download: ML20197G428 (10)

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Dated: May 13, 1986 s,h A1Ay 19 , . t. .;

UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD In the Matter of 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 TOWN OF HAMPTON MEMORANDUM IN SUPPORT OF " LATE FILED" CONTENTIONS 10 CFR S2.714 (a) (1)

INTRODUCTION On May 6, 1986, this Board issued an order to the Town of Hampton to address the requirements of 10 CFR S 2.714 (a) (1) with regard to

" Contentions of the Town of Hampton to Revised Radiological Emergency Response Plan and to Compensatory Plan f or the Town of Hampton, New Hampshire." This Memorandum is submitted in compliance with that order.

I Consistent with 10 CFR S2.714(a)(1), justification f or the " late filed" Contentions of the Town of Hampton to the Revised Hampton RERP and Compensatory Plan was provided to this Board and all parties at the pre-hearing conf erence on March 26, 1986. Tr. 23 36-23 43. The record J

to that proceeding plainly demonstrates that the State of New

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l l Hampshire, _through its dilatory practice of late filing " major revisions" to the State plan, including the Hampton RERP, is solely i

responsible for any delay by the towns in complying with this Board's

!previously estabished contention deadline.

Accordingly, since these issues were specifically addressed by the Board and all parties at public hearing, Tr. 2336-2343, the Town of Hampton believes that the late filing factors set forth in 10 CFR S2.714(a)(1) have alreaoy been f ully and adequately presented to this Board for consideration. In compliance with this B oa r d's Order, however, the Town of Hampton further addresses these criteria as I

) follows:

GOOD CAUSE At the pre-hearing conf erence, the State of New Hampshire candidly admitted that the Revised Hampton RERP and Compensatory Plan represented a " major" or " comprehensive" revision to the State RERP.

Tr. 2313. These "maj or revisions" to the State RERP were served on Hampton af ter the February 24, 1986 deadline f or filing contentions.

See Tr. 2318. Necessarily, since these documents were not in Hampton's i

! possession at the time of the contention deadline, the Town of Hampton I l had no means by which to file contentions on these " major revisions" to the State plan.  ;

At the-pre-hearing conference, this Board further recognized that l the State planning process for affected municipalities had been

shrouded in secrecy and that "many of these towns may be j ust kept in l the dark to such an extent that they f eel, and apparently rightly so, sl l

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i left out." Tr. 2313. The Botrd's comment on the State's planning process necessarily implies that the Town of Hampton had no reasonable access to these major revisions to the State plan until these revisions were filed ith the Board.

Finally, the NRC staf f recognized the dif ficulty of reviewing a State RERP that is substantially incomplete or subject to major, and late filed, revision. " FEMA evaluation of off-site plans of New Hampshire in their current state will be such that FEMA will not be able to support motions for summary dispositions on many of the different contentions, under the current time schedule." Tr. 2342-2343.

The record already presented to this Boar 6 therefore is clear that the Town of Hampton had good cause f or late filing its Contentions to the Revised Hampton RERP and Compensatory Plan. The Town of Hampton further maintains that, in view of the information already provided to the Board and all parties at the pre-hearing conf erence, S2.714(a)(1) should impose no additional obligation on the Town of Hampton in this case to justify the late filed contentions. ,

OTHER MEANS IQ PROTECT PETITIONER'S INTEREST As set f orth on the record at the pre-hearing conf erence, the Town of Hampton is only one of two towns f or which the State prepared major revisions to the local RERP. Tr. 217 9. Since these maj or, and late filed, revisions are directed specifically to the Town of Hampton, necessarily the Town is uniquely qualified to assess the deficiencies in the State's revised RERP f or the Town. Other participants to this 3

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I proceeding, without knowledge of local conditions, equipment, and i personnel in Hampton, therefore cannot be expected to fully and l adequately protect the Town's interest in this case.

EXTENT E WHlfH PETITIONER CAN CONTRIBUTE E DEVELOPMEBI QE A SOUND RECORD At the summer hearing, the Town will present testimony by Hampton officials on the deficiencies in the Revised Hampton RERP and Compensatory Plan, including inadequate personnel, equipment, and unreasonably low population estimates. As the Town with the highest peak population within the EPZ, Hampton believes this evidence is essential to this Board to determine whether the State RERP cannot provide reasonable assurance of adequate protection to the Hampton population in the event of radiological emergency.

TJiE EXTENT E WHICH OTHER PARTIES WILL PRESENT PETITIONERS' INTEREST This f actor is " closely related" to the second f actor set f orth in 5 2.714 (a) (1) . In the matter of Commonwealth Edison Company (Braidwood Station Units 1 and 2), Docket Nos. 50-4 56, 50-457, 424 86 at pg. 4, and l the Town of Hampton theref ore believes it has f ully and adequately i

! addressed this factor as set forth above.

HE EXTENT E HHICH .TiiE PETITIONERS' PARTICIPATION HILL BROADEN H E ISSUES Q.B DELAY .THE PROCEEDING Necessarily, contentions submitted by the Town of Hampton that relate to late filed documents by the State may result in delay to this proceeding. On this record, however, it is undisputed that the State of New Hampshire bears sole responsibility for that delay. Since 4

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! Hampton's contentions on the Revised Hampton RERP and Compensatory Plan raise significant safety issues on the State RERP, however, any delay to this proceeding must be outweighed in f avor of permitting the Town, through filing additional contentions, to fully contribute to development of a sound record for this B oa r d's consideration.

Braidwood at p.8 The Town notes that additional delays must.be anticipated since the State has only recently completed filing of the KLD ETE, which will generate additional contentions by the Town. Since the bases for these delays created by the State have already been f ully explored at the prehearir.g conf erence, and in this Memorandum, the Town ~ requests that 4

it not be compelled to expend additional time and resources justifyir.g contentions made in response to late filed documents by the State.

Otherwise the State, at the literal expense of the Town, will be permitted to profit f rom its own dilatory tactics. In view cf the record already presented to this Board, theref ore, the Town suggests that BraidMststd imposes no f urther requirement to justify late filed

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contentions on any additional revisions by the State to the RERP.

Dated: May 13, 1986 Respectfully submitted, SHAINES & cEACHERN By:

e Paul McEachern By: \ TE a Matthew T.' Brock 5

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UNITED STATES OF AMERICA 7 f

NUCLEAR REGULATORY COMMISSION ,

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j BEFORE Ifig ATOMIC SAFETY AND LICENSING BOARD j In the matter of \x w

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

' 'Sambrook Station, Units 1 and 2)

CERTIFICATE DE SERVICE I hereby certify that copies of Town of Hampton Memorandum in Support of " Late Filed" Contentions 10 CFR S2.714(a)(1) in the above-captioned proceeding have been served on the following by deposit in the United States mail on this 13th day of May, 1986.

Helen Hoyt, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (For Federal Express Mail)

Helen Hoyt, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building 4th Floor 4350 East West Highway Bethesdia, MD 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 1

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Beverly Hollingworth l 209 Winnacunnet Road i Hampton, NH 03842 i

j Sandra Gavutis, Chairman i Board of Selectmen l RFD 1 Box 1154 Route 107 Kensington, NH 03827 Dr. Emmeth A. Luebke Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Carol S. Snieder Assistant Attorney General Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Stephen E. Merrill Attorney General

! George Dana Bisbee Office of the Attorney General 25 Capitol Street Concord NH 03301-6397 Richard A. Hampe, Esq.

New Hampshire Civil Defense Agency 35 Pleasant Street Concord, NH 03301 Calvin A. Canney, City Manager City Hall 126 Daniel Street Portsmouth, NH 03801 Roberta C. Pevear State Representative Town of Hampton Falls Drinkwater Road Hampton Falls, NH 03844 2

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Robert A. Backus, Esq.

Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 H. Joseph Flynn, Esq.

Assistant General Counsel Federal Emergency Management Agency 500 C Street, S.W.

Washington, D.C. 20472 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Allen Lampert Civil Defense Director Town of Brentwood 20 Franklin Street Exeter, NH 03833 Angie Machiros, Chairman Board of Selectmen 25 High Road Newbury, KA 09150 t l

Jerard A. Croteau, Constable  !

82 Beach Road P.O. Box 5501 Salisbury, MA 01950 Diane Curran, Esq.

Harmon & Weiss 2001 S Street, N.W.

Suite'430 Washington, D.C. 20009 i

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1 Philip Ahrens, Esq.

' Assistant Attorney General I Office of the Attorney General

! State House Station, #6 i Augusta, ME 04333

! Thomas G. Dignan, Jr., Esq.

'! Ropes & Gray 225 Franklin Street Boston, MA 02110 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docket and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 J.P. Nadeau, Esq.

Selectmen's Representative Board of Selectmen 10 Central Road Rye, NH 03870 Michael Santosuosso, Chairman Board of Selectmen South Hampton, NH 03827 Stanley W. Knowles, Chairman Board of Selectmen P.O. Box 710 North Hampton, NH 03862 William Armstrong

< Civil Defense Director

! Town of Exeter 10 Front Street Exeter, NH 03833 4 Peter J. Matthews, Mayor i City Hall Newburyport, MA 09150 4

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l l William S. Lord Board of Selectmen Town Hall - Friend Street Amesbury, MA 01913 Mrs. Anne E. Goodman, Chairman

! Board of Selectmen

! 13-15 Newmarket Road Durham, NH 03824 Gary W. Holmes, Esq.

Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 Sherwin E. Turk, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814 Dated: May 13, 1986 Matthew T. Brock, Esq.

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