ML20198S428

Response to Memorandum on 10CFR2.714(a)(1) & Revised Contention III of Town of Hampton Re Evacuation Time Estimate Repts by Kld Assoc,Inc.Contention Should Be Reworded Re Use of Estimates.Certificate of Svc Encl

ML20198S428
Person / Time
Site:	Seabrook
Issue date:	06/05/1986
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#286-460 OL, NUDOCS 8606100422
Download: ML20198S428 (5)

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. g\o Dated: June 5, 1986 UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION before the ',

ATOMIC SAFETY AND LICENSING BOARD .

JtJN 9 a86* -31 x

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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, Unita 1 and 2) ) Planning Issues

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APPLICANTS' RESPONSE TO MEMORANDUM ON 10 CFR $ 2.714(a)(1) AND REVISED CONTENTION III OF THE TOWN OF HAMPTON TO EVACUATION TIME ESTIMATE REPORTS BY KLD ASSOCIATES, INC.

Applicants herein respond to the " Memorandum on 10 CFR

$ 2.714(a)(1) and Revised Contention III of the Town of Hampton to Evacuation Time Estimate Report by KLD Associates, Inc." as follows:

1. Applicants concede that Hampton has made a sufficient showing under the " late filed" criteria. 10 CFR

$ 2.714(a)(1).

2. Applicants have already briefed to the Board their position that the KLD ETE is not a proper subject for litigation herein. Applicants' Brief With_ Respect to (1) koj6100422060605 o Docg osooo443 PDR

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the Mass AG Contention and (2) the So-called " Multiple ETEs Issue at 6-8 (April 11, 1986). The cited argument is incorporated by reference herein and relied upon in opposition to the filing at bar.

3. In addition to the argument incorporated by reference in Paragraph 2, there remains another reason to deny litigation of the KLD ETE. The Board has already permitted full litigation of one ETE. It has to be recognized that ETE's are " estimates" and only some reasonable degree of precision can be required. At a minimum the petitioner should be required to demonstrate that there are differences between the KLD ETE and the one already litigated that are sufficient in scope and size to justify a second ETE hearing. This has not even been attempted.

4. In the event the Board concludes that the KLD ETE may properly be the subject of litigation herein, the applicants still object to the contention as worded. As worded, the contention reads:

"The Evacuation Time Estimate Study (ETE) prepared by KLD Associates, Inc.,

and incorporated into the State of New Hampshire Radiological Emergency Response Plan (RERP), is based upon inaccurate factual data and unreasonable or misleading assumptions and thereby fails to provide reasonable assurance that adequate protective measures can be implemented, or that adequate facilities, equipment, or personnel will be provided to the Town of Hampton in 2-

the event of radiological emergency. 10 CFR 650.47 (a) (1), 50.47 (b) (1) (10)."

An ETE is a tool to be utilized by decisionmakers in recommending protective actions. See NUREG-0654 at p. 4-1.

It is not, in and of itself, a document or study the function of which is to provide " reasonable assurance" that adequate protective measures will be taken or adequate facilities, equipment or personnel will be available. Yet, that is how the contention is framed. If a contention of this nature is to be admitted, it must be reframed to raise the issue of the value of the ETE as a decisionmaker's tool.

As presently worded, the proposed contention seeks to turn the ETE into something it is not. Therefore it should be rejected.

Respectfully submitted,

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Thomas G. Dign~ , Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 Counsel for Applicants 3-

l CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on June 5, 1986, I made service of the within document by mailing copies thereof, postage prepaid, to:

Administrative Judge Helen Hoyt Stephen E. Merrill, Esquire Chairperson Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Dr. Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing l Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Richard A. Hampe, Esquire Board of Selectmen Hampe and McNicholas Town Office 35 Pleasant Street Atlantic Avenue Concord, NH 03301 North Hampton, NH 03862 Diane Curran, Esquire Sherwin E. Turk, Esquire Harmon & Weiss Office of the Executive Legal Saite 430 Director 2001 S Street, N.W. U.S. Nuclear Regulatory Washington, DC 20009 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Atomic Safety and Licensing Mr. Ed Thomas Board Panel FEMA, Region I U.S. Nuclear Regulatory 442 John W. McCormack Post Commission Office and Court House Washington, DC 20555 Post Office Square Boston, MA 02109 j

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Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O. Box 360 Boston, MA 02108 Portsmouth, NH 03801 Gary W. Holmes, Esquire Mr. Peter J. Matthews Holmes & Ells Mayor 47 Winnacunnet Road City Hall Hampton, NH 03841 Newburyport, MA 01950 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RED 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S. Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn: Tom Burack) Town of Newbury Newbury, MA 01950 Senater Gordon J. Humphrey Mr. J. P. Nadeau 1 Pillsbury Street Selectmen's Office Concord, NH 03301 10 Central Road (Attn: Herb Boynton) Rye, NH 03870 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall

, 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W. Judith H. Mizner, Esquire Washington, DC 20472 Silvergate, Gertner, Baker Fine, Good & Mizner Philip Ahrens, Esquire 88 Broad Street Assistant Attorney General Boston, MA 02110 Department of the Attorney General Augusta, ME 04333 f-0Thomas 1 G W-

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