ML20198E112

Motion for Summary Disposition of Kensington Contention 4 Re Inadequate Shelter at Elementary School.Statement of Matl Facts Not in Dispute Encl.Related Correspondence

ML20198E112
Person / Time
Site:	Seabrook
Issue date:	05/20/1986
From:	Bisbee G NEW HAMPSHIRE, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20198E111	List: ML20198E107 ML20198E112 ML20198E128 ML20198E145 ML20198E168
References
OL, NUDOCS 8605270294
Download: ML20198E112 (4)

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UNITED STATES OF AMERICA pY NUCLEAR REGULATORY COMMISSION 77 ej'98sau Ti--,

v 4 4 Before the ATOMIC SAFETY AND LICENSING BOARD b

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In the matter of: )

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

) May 20, 1986 THE STATE OF NEW HAMPSHIRE'S MOTION FOR

SUMMARY

DISPOSITION OF CONTENTION KENSINGTON 4 The State of New Hampshire hereoy moves this Board to enter an order summarily disposing of Contention Kensington-4.

In tnis contention and its basis, the Town of Kensington states in part that its elementary school does not provide adequate shelter. Tne Board in its April 29, 1986 Memorandum and Order (at page 17) admitted the contention as limited to this issue. As explained below and as supported by the attached affidavit of Richard H. Strome, the Kensington Elementary School can provide necessary shelter under the " shelter-in-place" concept contained in the New Hampshire Radiological Emergency Response Plan (NHRERP or State Plan).

The State Plan provides that protective actions for schools are the same as for the general population. NHRERP, Vol. 1 at 2.6-8 (as to shelter) and 2.6-10 (as to evacuation); DPHS Procedures, NHRERP Vol. 4, Appendix U; NHCDA Procedures, NHRERP Vol. 4, Appendix F.

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T With regard to the use of sheltering as a protective action, the State will rely upon the " shelter-in-place" concept for the general population, which provides for sheltering at the location for which the sheltering instruction is given. NHRERP, Vol. 1, Section 2.6.b.

--The decision to order sheltering will be reached in accordance with the State Plan. NHRERP, Vol. 1, in Section 2.5 and 2.6; Volume 4, and the NHCDA Procedures, Appendix F and DPHS Procedures, Appendix U. Please note that the decision-making criteria for shelter assume a dose reduction factor (DRF) of .9. NHRERP, Vol. 1 at 2.6-24, 2.6-28; NHRERP Vol. 4, DPHS Procedures, Appendix U at p. 2 of Figure 1A.

The Kensington Elementary School is " proposed as a shelter" only insofar as a " shelter-in-place" order would be made for the Town of Kensington. Because the Kensington Elementary School would afford at least a DRF of .9 (even without a basement and interior rooms), it offers " adequate shelter" as may be required in implementing the NHRERP.

The Town of Kensington's statement that its elementary school is

" totally inadequate for sheltering children" misinterprets the NHRERP's provisions for the use of that school as a shelter.

For the foregoing reasons, the State of New Hampshire submits

that the Board may appropriately enter an order summarily disposing of this contention pursuant to 10 C.F.R. Section 2.749.

Respectfully submitted, THE STATE OF NEW HAMPSHIRE STEPHEN E. MERRILL ATTOHNEY GENERAL 7

Dated: May 20, 1986 By i George D(na Bisbee (J '

Assistant Attorney General Environmental Protection Bureau Office of the Attorney General 25 Capitol Street Concord, NH 03301-6397 Telephone (603) 271-3678 I

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STATEMENT OF MATERIAL FACTS NOT IN DISPUTE

1. The New Hampshire Radiological Emergency Response Plan (NHRERP) provides that, with regard to the use sheltering as a protective action, the State relies upon the " shelter-in-place" concept for the general population, including school children.

2. The NHRERP provides that the Kensington Elementary School would be used as a shelter only in the context of a

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" shelter-in-place" orcer for the Town of Kensington.

3. A " shelter-in-place" order would be based upon decision-making criteria that assume a .9 Dose Reduction Factor (DRF).

4. The Kensington Elementary School has at least a .9 DRF.

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