ML20202J853

Argument Supporting Presentation of Entire State of Nh Radiological Emergency Response Plan,Including Kld Assoc Evacuation Time Estimate Study,As Litigable Issues Before Aslb.Certificate of Svc Encl.Related Correspondence

ML20202J853
Person / Time
Site:	Seabrook
Issue date:	04/11/1986
From:	Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN
To:
References
CON-#286-779 OL, NUDOCS 8604160203
Download: ML20202J853 (10)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00cHETED USN'tC Before the Nuclear Regulatory Commission

'86 APR 15 mo:70 In the Matter of Docket Nos.[, 0-443-OLh44 4 -OL -

I PUBLIC SERVICE COMPANY j OF NEW HAMPSHIRE l (Seabrook Station, Units I and II)

' April 11, 1986 THE STATE EVACUATION TIME ESTIMATE STUDY PRESENTS A LITIGABLE ISSUE FAB .THE ASLB INTRODUCTION The Town of Hampton previously filed with this Board certain contentions on the inadequacy on the Radiological Emergency Response Plan (RERP) prepared by the State f or the Town of Hampton. Town of Hampton Contention III asserted the inadequacy of the Evacuation Time Estimate (ETE) Study prepared by C.E. Maguire, Inc. incorporated by the State into the State and Town of Hampton RERP.

In response to Town of Hampton Contention III, the Applicant argued that this contention should be excluded since "all that NRC regulations require is the preparation of ETEs by applicants,"

applicant response at page 13, and therefore the ETE incorporated into

the State plan was not required by f ederal regulations and did not I

'present an issue for litigation before this Board. The NRC Staff l specifically rejected this claim by the Applicant and supported the Town of Hampton's position that the State ETE should be subject to 1

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' litigation bef ore this Board. NRC Staf f response to Town of Hampton Contentions, pages 6 - 11.

The State subsequently amended the State RERP by substituting the ETE prepared by KLD Associates (KLD ETE) f or the ETE prepared by C.E.

lMaguire, Inc.

At the pre-hearing conference on March 26, 1986, this Board ordered the Applicant and the NRC Staff to submit additional memoranda on the issue of whether the KLD ETE presented a litigable issue and f urther permitted the Town of Hampton to submit written argument on l lthis matter.

I jARGUMENT The Town of Hampton hereby incorporates by ref erence herein the INRC Staff response to Town of Hampton Contention III previously filed i

j with this Board, including that portion which asserts that the State ETE presents a litigable issue for this Board. By way of further argument, the Town notes the f ollowing:

1. NUREG requires that the State prepare an off-site ETE as part 1

of the State Radiological Emergency Response Plan to demonstrate that 1 adequate protective measures can and will be taken in the event of radiological emergency. NUREG - 0654, S II. J.10 (1) . Since NUREG requirements do not have the f orce of NRC regulations, the State may elect to utilize alternative means to satisfy the reasonable assurance standard mandated by 10 CFR 50.47. Pacific Gas and Electric Company, l l 13 NRC 903, 937 (1981) . l 2

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In this case, however, the State of New Hampshire has specifically

' chosen to utilize, rely upon, and incorporate the KLD ETE into the

' State RERP, see 4/7/86 letter attached, and this ETE study will be used by State emergency response personnel to determine appropriate

protective actions during an emergency. 10 CFR 50.47 (b) (10); NUREG -

i 06 54 Appendix 4 a t 4-1. It is theref ore irrelevant whether the State

!could have satisfied the adequate protection standard through alternative means since, by relying upon an ETE, the State has thereby presented the KLD ETE as "f air game" for litigation before this Board.

2. To adopt the applicant's position that the State KLD ETE is i

not subject to litigation, would insulate an integral part of the State ,

l RERP from comment and contention of interested parties and would deny

'this Board the opportunity to fully review the adequacy of a j significant part of the State RERP. This Board would further be prevented f rom a determination whether the separate ETEs relied on by the Applicant and the State are inconsistent, contradictory, or would otherwise inhibit implementation of prompt protective actions in the event of emergency. This Board should therefore reject the Applicant's attempt to uphold an overly narrow and technical constr uction of NRC regulations and should rather make a full and realistic assessment of the State RERP based upon the State's avowed intention to rely upon its ETE to determine appropriate protective actions in the event of emergency.

j 3. By letter dated April 7,1986, copy attached, the State has specifically advised.all parties that the State intends to incorporate 3

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{the KLD ETE into the State RERP. The State has thereby declined to

' utilize the ETE relied on by the Applicant in its on-site emergency plan, the KLD ETE is still in the process of revision, and the adequacy ior validity of the KLD ETE has never been addressed or litigated before i

' this Board. The applicant's claim that this Board's review of the KLD

!ETE would result in repetitive litigation is therefore unsupportable.

I lSee Applicant response, page 14.

For reasons set f orth above, and as set f orth in the NRC Staf f response to Town of Hampton Contention III, this Board should rule that the entire State RERP, including the KLD ETE, is subject to litigation t 1 l bef ore this Board.

l l Dated: April 11, 1986 i

SHAINES & McEACHERN By s/ Paul McEachern Paul McEachern gh cwN l

By Y- th ~'

i Matthew T. Brock

! Attorneys for the Town of Hampton, New Hampshire f

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STEPHl.N E SIERRILL TIIE STATE OF NEW HAMPSilIRE * "*" C"ER^'

ROBERT P CHENEY. .n DEPUTY AT'OR.NEY CENERAL ASSISTANT ATTORNEYS CENER AL BRUCE E MOHL LESLIE J LUDTKE CEORGE DANA BISBEE ASSOCIATE ATTORNEYS CENERAL PETER G BEESON BRIAN T. TUCKE R '

JEREMY F. KOR2ENIK JEFEREY R. HOWARD  !

TERRY L ROBEnTSON INVESTIGATOR CHRISTOPHER T DOMIAN PARALEGAL THE ATTORNEY GENERAL T^"^*'CK' " "^ *

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ENVIRONMENTAL PROTECTION BUREAU STATE HOUSE ANNEX 25 CAPITOL STREET CONCORD, NEW HAMPSHIRE 033014397 8603e 2713678 April 7, 1986 Mr. John DeVincentis, Director Engineering and Licensing Yankee Atomic Electric Company 1671 Worchester Road -

Framingham, MA 01701 RE: PUBLIC SERVICE COMPANY OF NEW HAMSHIRE, ET ALS.

(SEABROOK STATION, UNITS 1 AND 2) NOS. 50-443-OL AND 50-444-OL:

NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLAN SUBMISSION

Dear Mr.DeVincentis:

I I have enclosed a copy of Progess Report No. 6_of the Evacuation Plan Update prefaced by KLD Associates, Inc. and dated March 31, 1986, along with a copy of the letter of submittal dated April 4, 1986 from Richard H. Strome to Henry G. Vickers. A copy of this final prog _r_ess repor, of the KLD Study and Mr. Strome's transmittal letter,should be

' transmitted to the Licensing Board and parties to the licensing -

proceeding. ,

You will note in his submission to FEMA, Mr. Strome indicated that the KLD Study has now been formally incorporated in the New Ilampshire Radiological Emergency Response Plan. 'Lhe_ complete KLD Study now consists of Progress Reports 1-6. As Mr. Strome stated in his April 4, 1986 letter, these progress reports will constitute separate chapters in the final report. The final report of the KLD time study, whi ch will be a compilation of Fha mix Drogress reports, srhould be ready for distribution to the Service List before the first or May. _

Yours truly, .

(

Georg Dana Bisbee Assistant Attorney General GDB/syf Environmental Protection Bureau Enclosure cc: All Parties to the Licensing ,

eeding Richard d. Strome

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION r

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of i

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

(Seabrook Station, Units 1 and 2)

CERTIFICATE Qf SERVICE I hereby certify that copies of The State Evacuation Time Estin; ate Study Presents a Litigable Issue For the ASLB in the above-captioned proceeding have been served on the-- following by deposit in the United States mail on this lith day of April, 1986.

I l Helen Hoyt, Esq., Chairman i

l East West Towers Building 4350 East West Highway l Bethesdia,' MD 20814 i

Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Beverly Hollingworth 209 Winnacunnet Road Hampton, NH 03842 1

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• Sandra Gavutis, Chairman l Board of Selectmen

RFD 1 Box 1154 Route 107

,Kensington, NH 03827 i Dr . Emmeth A. Luebke i Administrative Judge

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission l 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 _

iAttorney General  !

George Dana Bisbee Assistant Attorney General One Ashburton Place,'19th Floor i Boston, MA 02108 i Richard A. Hampe, Esq. '

New Hampshire Civil Def ense 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 Robert A. Backus, Esq. l Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 2

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, Edward A. Thomas

. .?ederal Emergency Management Agency i442 J.W. McCormack (POCH)

Boston, MA 02109 H. Joseph Flynn, Esq. i Assistance General Counsel l 1

Federal Emergency Management Agency l t500 C Street, S.W.

Washington, D.C. 20472

, Jane Doughty l Seacoast Anti-Pollution League

!S 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 .

I Town of Br'entwood 20 Franklin Street Exeter, NH 03833 Angie Machiros, Chairman Board of Selectmen 25 High Road Newbury, MA 09150 Jerard A. Croteau, Constable ,

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

Harmon & Weiss 2001 S Street, N.W.

Suite 430 Washington, D.C. 20009 3

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, Philip Ahrens, Esq.

! Assistant Attorney General l Office of the Attorney General

• State House Station, #6 August, ME 04333 i Thomas G. Dignan, Jr., Esq.

! Ropes & Gray

225 Franklin Street jBoston,MA 02110 l 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 df 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, NB 03833 Peter J. Matthews, Mayor City Hall Newburyport, MA 09150 l

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William s. Lord Board of Selectmen Town Hall - Friend Street Amesbury, MA 01913 j Mrs. Anne E. Goodman, Chairman l l Board of Selectmen l 13-15 Newmarket Road Durham, NH 03824 i

i Gary W. Holmes, Esq.

i Holmes & Ellis l47 Winnacunnet Road lHanpton, NH 03842 l

l Dated: April 11 , 1986 l

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! Matthew T. Brock, Esq.

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