ML20203L397

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Response to Aslab 860811 Memorandum & Order Re Admissibility of Contentions on State of Nh Radiological Emergency Response Plan.Proposal to Direct Appeals During ASLB Hiatus Supported.Certificate of Svc Encl
ML20203L397
Person / Time
Site: Seabrook  
Issue date: 08/22/1986
From: Merrill S
NEW HAMPSHIRE, STATE OF
To:
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#386-461 OL, NUDOCS 8608260156
Download: ML20203L397 (5)


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UNITED STATES OF AMERICA 00 pygust22, 1986 U5NRC NUCLEAR REGULATORY COMMISSION Before the Nuclear Regulatory Comg'sqggn25 A10 52 Atomic Safety and Licensing Appeal Board 0FFiCE 0r SEC&TW'

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00CKEliNG A ? ' "VICf.

In the Matter of

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PUBLIC SERVICE COMPANY OF

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Docket Nos. 50-443-OL NEW HAMPSHIRE

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and (Seabrook Station, Units 1 and 2

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50-444-OL

)

(Off-Site Emergency Planning Issues)

RESPONSE OF THE STATE OF NEW HAMPSHIRE TO THE APPEAL BOARD'S AUGUST 11, 1986 MEMORANDUM AND ORDER By its Memorandum and Order dated August 11, 1986, the Appeal Board solicited the views of the parties to this proceeding on the Board's proposal to entertain an appeal of interlocutory rulings by the Licensing Board on the admissibility of contentions on the New Hampshire Radiological Emergency Response Plan.

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New Hampshire concurs fully in the position of the Appeal Board that its entertaining an interlocutory appeal of the Licensing Board's April and May rulings would be in the public interest.

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the Board has noted, the circumstances of this case militate in favor of allowing appellate review of the Licensing Board's interlocutory rulings during the pendency of the Licensing Board i

proceedings.

The Appeal Board's proposal is apparently premised on a i

perceived hiatus in the hearings before the two Licensing Boards in this case.

Memorandum and Order at 5.

(The two boards are the Wolfe Board for on-site emergency planning and safety contentions, 8608260156 860822 PDR ADOCK 05000443 G

PDR 58

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, and the Hoyt Board for off-site emergency planning and safety contentions.)

As the Appeal Board is aware, however, the hearing process before the Licensing Boards is not completely on hold.

The Wolfe Board has now set a firm date of September 27 through October 1, 1986 for the limited reopened hearing on the on-site emergency planning and safety issues which were originally heard by the Licensing Board in August of 1983.

Mnreover, the litigation on the New Hampshire Radiological Emergency Response Plan still continues.

As reported in the State of New Hampshire's August 7, 1986 status report on the state emergency plan, the New Hampshire Civil Defense Agency is currently completing Revision 2 of the State Plan.

The submission of Revision 2 will, in turn, lead to renewed activity before the Hoyt Board.

In sum, the State of New Hampshire fully supports the proposal of the Appeal Board to direct appeals to be taken on the Licensing Board rulings on the admissibility of New Hampshire off-site emergency planning contentions when a hiatus in the Licensing Board proceedings so allows.

j Respectfully submitted, THE STATE OF NEW HAMPSHIRE j

j STEPHEN E.

MERRILL ATTORNEY GENERAL Dated:

August 22, 1986 By George Dana Bisbee Senior Assistant Attorney General Environmental Protection Bureau Office of the Attorney General l

25 Capitol Street Concord, NH 03301-6397 Telephone (603) 271-3678 l

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F CERTIFICATE OF SERVICE 00LKETED AgAnal ge Dana Bisbee, hereby certify that on the Tc%&

tKg I, Geor day of 1986, I made service of the within document by mailing copies 4thereof, postage prepaid, to:

16 NE 25 N053 AtomicSafety(anhkggggsinglAg)~

fIC 0 $

Alan S.

Rosenthal, Chairman Gary J.

Edles C

Atomic Safety and Licensing Appeal Board Appeal Board U.S.

Nuclear Regulatory U.S.

Nuclear Regulatory Commission Commission Washington, D.C.

20555 Washington, D.C.

20555 Howard A. Wilber Atomic Safety and Licensing Appeal Atomic Safety and Licensing Board Panel Appeal Board U.S.

Nuclear Regulatory U.S.

Nuclear Regulatory Commission Commission Washington, D.C.

20555 Washington, D.C.

20555 Administrative Judge Helen Hoyt Administrative Judge Sheldon J.

Chairperson Wolfe, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S.

Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Dr. Emmeth A.

Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S.

Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Philip Ahrens, Esquire Thomas J. Dignan, Jr., Esquire Deputy Attorney General R.

K. Gad, III, Esquire Department of the Attorney General Ropes & Gray State House Station 6 225 Franklin Street Augusta, ME 04333 Boston, MA 02110 Carol S.

Sneider, Esquire Sherwin E. Turk, Esquire Assistant Attorney General Deputy Assistant Chief Department of the Attorney General Hearing Counsel One Ashburton Place, 19th Floor Office of the Executive Counsel Boston, MA 02108 Director U.S.

Nuclear Regulatory Commission Washington, DC 20555

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. Ms. Diana P. Randall 70 Collins Street Seabrook, NH 03874 Robert A.

Backus, Esquire Backus, Meyer & Solomon Diane Curran, Esquire 116 Lowell Street Harmon & Weiss P. O. Box 516 20001 S Street, N.W.

Manchester, NH 03105 Suite 430 Washington, DC 20009 Chairperson Board of Selectmen Jane Doughty Town of South Hampton 5 Market Street East Kingston, NH 03827 Portsmouth, NH 03801 Paul McEachern, Esquire Matthew T.

Brock, Esquire J.

P.

Nadeau, Esquire Shaines & McEachern Selectmen's Office 25 Maplewood Avenue 10 Central Road P. O. Box 360 Rye, NH 03870 Portsmouth, NH 03801 Mr. Calvin A. Canney Ms. Roberta C.

Pevear City Manager The Town of Hampton Falls City Hall Drinkwater Road 125 Daniel Street Hampton Falls, NH 03844 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Angie Machiros The Town of Kensington Chairman of the RFD 1, Box 1154 (Route 107)

Board of Selectmen Kenslngton, NH 03827 Town of Newbury Newbury, MA 01950 1

Senator Gordon J. Humphrey Mr. Richard E. Sullivan U.S.

Senate Mayor l

Washington, DC 20510 City Hall (Attn:

Tom Burack)

Newburyport, MA 01950 Senator Gordon J. Humphrey William S. Lord 1 Pillsbury Street Board of Selectmen Concord, NH 03301 Town Hall (Attn:

Herb Boynton)

Friend Street

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Amesbury, MA 01913 i

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... Mr. Thomas Powers Brentwood Board of Selectmen Town Manager RFD Dalton Road Town of Exeter Brentwood, NH 03833 10 Front Street Exeter, NH 03833 Gcry W.

Holmes, Esquire i

Holmes & Ells H. Joseph Flynn 47 Winnacunnet Road Assistant General Counsel Hampton, NH 03841 Office of General Counsel Federal Emergency Management Richard A. Hampe, Esquire Agency Hampe & McNicholas 500 C Street, S.W.

35 Pleasant Street i

Washington, DC 20472 Concord, NH 03301 4

Mr. Ed Thomas Mr. Robert Carrigg, Chairman FEMA, Region I Board of Selectmen John W.

McCormack Post Office Town Office and Court House Atlantic Avenue Post Office Square North Hampton, NH 03862 Boston, MA 02109

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George Dana Bigbje5 4

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