ML20203P914
| ML20203P914 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/05/1986 |
| From: | Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-072, CON-#286-72 OL, NUDOCS 8605080327 | |
| Download: ML20203P914 (8) | |
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e UMITED STATES OF AMERICA 2
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NUCLFAR REGULATORY COMMISSION ]
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~0 BEFORE THE ATOMIC SAFETY AND LICENSING D RD
!$j In the Matter of
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PUBLIC SERVICF COMPANY OF
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Docket Nos. 50-443 OL NEW HAMPFIIIRE, et al.
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50-444 OL
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(Seabrcok Stction, Units I and a)
)
URC STAFF'S RESPONSE TO CONTENTIONS OF TJfE TOWN OF llAMPTON TO REVISED RADIOLOGICAL EMERGENCY RESPONSF PLAN AND TO COMPENSATORY PLAN FOR THE TOWN OF HAMPTON, NEW IIAMPSHIRE I p ril 14, 1906, the Town of flampton filed its " Contentions of the On t
Town of Hampton to Revised Radiological Emergency Response Plan and to Compensatory Plan for the Town of Ilampton, New Hampshire" (" Supplemental Contentions").
Therein, the Town set forth three revised contentions and one new contention addressing the adequacy of the revised emergency plan for the Town of Ha:rpten and the New Hampshire compensator ~ plan, which were trener itted to the Bonrd and parties on March 4,
1986. 1/
The Applicants filed their response to the Town of flampton's SupP emental l
D Q
1/
See Letter from William D. Derrickson to 11. R. Denton, dated March 4, 1986.
T)5b
. Contentions on April 24, 1986; 2/ in the following discussion, the NRC Staff i
provides its views as to the admissibility of the Supplemental Contentions. 3/
DISCUSSION The Staff's views with respect to the admissibility of each of the Town's additional contentions are as follows.
Contentiens I-Il!, V, VII The Contentions 1-111, V, and VII previously filed by the Town of Hampton with this Board on the original Hampton RERP, and bases for same, are hereby alleged and incorporated by reference herein.
Stcff Response The inadmissibility of these contentions was ruled upon by the Board in its Mermrandum and Order of April 1,
1986, as amplified by its later
" Memorandum and Order (Ruling On Contentions and Establishing Date and 2/
"Applicantr' Response to Contentiens of the Town of Hampton to Revised Radiological Emergency Response Plan and to Compensatory Plan for the Town of Hampton, New Hampshire," filed April 24, 1986.
-3/
As the Licensing Board is aware, the Commission recently issued a decision clarifying that the criteria of 10 C.F.R. 5 2.714(a)(1) are to be addressed in ruling upon the admissibility of late-filed contentions.
See Commonwealth Edison Co. (Braidwood Nuclear Plant, Units 1 and T 23 NRC (slip op., at 11-12) ( April 24, 1986).
The Town of Hampton's Supplemental Contentions do not discuss. these la te-filin g criteria.
In view of the fact that the Commission's Braidwood decision was issued approximately ten days after the Town of llanpton had filed its Supplemental Contentions, the Staff submits that the Board should req uire the Town to address the criteria specified in 10 C.F.R.
S 2.714(a)(1), and afford other parties an opportunity to respond to the Town's discussion of those criteria,
prior to ruling upon the admissibility of the instant contentions.
- L
e.
Location for Hearing)" of April 29, 1986. 4/
No further discussion of these contentions s warranted or appropriate.
Revised Contention IV The, Kevised Hampton RERP and Compensatery Plan fail to provide adequate emergency equipment' to support an evacuation in the event of a radiological emergency.
10 CFR S 50.47 [b](8).
Staff Response The Staff does not oppose the revision cf this contention, which was previously admitted by the Licensing Board.
f Revised Contention VI I
The. Revised Hampton RERP fails to demonstrate that
. local personnel are available to respond and to augment I
their initial response on a continuous basis in the event of radiological emergency.
10 CFR S 50.47 (b) (1).
Sinff Response The Staff does not oppose the revisien of this contention, which was 4
previousl cdmitted by the Licensing Board.
l-3 i
Revised Contention VIII I
The Revised Hampton RERP and Compensatory Plan fail to provide for adequate emergency facilities to an [ sic]
support [an] emergency responce.
10 CFR S 50.47 Ib](8).
f f
-4/
The Staff's response to these contentions had been filed on March 14, i
1986.
See "NRC Staff's Response to Contentions Filed by Towns of Hampton, llampton Falls, Mensington, Rye and South Hampton, and by the Pfassachusetts Attorney General, NECNP and SAPL," filed March 14, i
1986.
I i
i
Staff Response -
8 The Staff does not oppose the revision of this contention, which was previously admitted by the Licensing Board, limited to the issues identified by the Board in its Memorandum and Order of April 29, 1986. 5_/
The Staff notes, hcwever, that it objects to a footnote contained in the Town's Supplemental Contentions (n.1 at p.
9), in which the Town attempts to c:<pand the bases for this contention in a manner which makes it impossible to understand which issues ' are _ intended to be included within the scope of this contention.
liere, the Town asserts that this contention includes all. "the problern s,
deficiencies, and inadequacies of evacuation as a reasonable protective response, as set forth in the bases submitted with other Town of liampton Contentions, which the Town here "reallege[s] and incorporate [s] as if fully set forth herein."
The Staff submits that this vague and confusing attempt to expand the ecntention should be rejected.
Contention IX The Town of Hampton hereby joins in and incorporates by reference herein those additional contentions on the New Ilampshire CompenF8 tory Plan previously filed by the Seacoast Anti-Pollution League with this Board, and dated April 8,190G.
Staff Respense The Staff opposes the admission of this contention on the grounds-that it fails to assert any matter not already contained in the identified SAPL contentions, and is inappr~priate for litigation as a separate contention in this 5/
See also "NRC Staff Response to Contentions Filed by Town of flampton," filed March 14, 1986, at 15-16.
.. =. _,
t proceeding.,
- Further, the Staff incorporates by reference its specific f
responses to.each of SAPL's additional contentions, as filed by the Staff on
' April 28,1986. 6/
CONCLUSIGN The Staff submits that the Licensing Board should require the Town of Eampton to address the five factore specified in 10 C.F.R. S 2.714(a)(1) and should then afford the - other parties an opportunity to respond to that discursion, in light of the Commission's Braidwood decision of April 24, 1980.
If the Town satisfies its burden in this regard, the Town's Supplemental Contentiens should be admitted fer litigation to the extent set forth above.
Respectfully submitted, b
b Sherwin E. Turk i.
Deputy Assistant Chief Hearing Counsel Dated at Bethesda, Alaryland this 5th day of Alay,1986 i
6_/
See "NRC Staff's Response to SAPL's Third Supplemental Petition for Leave to Intervene," dated April 28, 1986.
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UNITED STATES OF AMERICA f
i NUCLEAR REGULATORY COMMISSION I
BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
PUDI.1C SERVICE COf!PANY OF
)
Docket Nos. 50-443 OL NEW HAMPSIIIRE, et al.
)
50-444 OL
)
(Seabrook Station, Units 1 nrad 2)
)
CERTIFICATE OF SERVICE I hereby certify that copics of "NRC STAFF'S RESPONSE TO CONTENTIONS OF TiiE TOWN OF 11AMPTON TO REVISED RADIOLOGICAL EMERGENCY RESPONSE PLAN AND TO COMPENSATORY PLAN FOR THE TOWN OF liAMPTON, NEY: HAMPSilIRE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 5th day of May,1986.
Helen lloyt, Esq., Chairman
- Dr. Emmoth A. Luebke*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuc! car Regulatory Commission U.S. Nuclear Regrulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry liarbour*
Carol Sneider AdminiFtrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, D.C.
20555 Boston, MA 02108 Beverly llollingworth Stephen E. Merrill 209 Winnacunnet Road Attorney General Hampton, Nil 03842 George Dana Bisbee Assistent Attorney General Sandra Gavutis Chairman Office of the Attorney General Board of Selectmen 25 Capitol Street RFD 1 Box 1154 Concord, Nil 03301-0397 Kensington, NII 03827 Richard A. Ilampe, Esq.
New Hampshire Civil Defense Agency 107 Pleasant Street Concord, NII 03301
P Calvin A. Canney, City Manager Allen Lampert City llall j Civil Defense Director 126 Daniel Street Town of Brentwood Portsnouth, NH 03801 20 Franklin Street Exeter, NH 03833 Roberta C. Pevear State - Representative Angie Machiros, Chairman Town of Hampton Falls Board of Selectmen Drinkwater Road 25 High Road llampton Falls, NH 03844 Newbury, MA 09150 Mr. Robert J. Harrison Jerard A. Croteau, Constable President and Chief Executive Officer 82 Beach Road, P.O. Box 5501 Public Service Co. of New Pampshire Salisbury, MA 01950 P.O. Box 330 Manchester, N!! 03105 Diano Curran, Esq.
Harmon a Weiss Robert A. Dackus, Esq.
2001 S Street, N.W.
Backus, Meyer & Solomon Suite 430 116 Lowell Street Washington, D.C.
20009 Manchester, NH 03106 Edward A.-Thomas Philip Ahrens, Esq.
Federal Emergency Management Agency Assistant Attorney General 443 J.W. McCormack (POCH)
Office of the Attorney General Boston, P'A 02109 State IIouse Station, #6 Augusta, ME 04333 U..r. Flynn, Esq.
Thomas G. Dignan, Jr., Esq.
Assistant General Counsel Ropes & Gray Federal Emergency Management Agency 225 Franklin Street 500 C Street, S.W.
Boston, MA 02110 Unshington, D.C.
20472 Jane Doughty Atomic Safety and Licensing Eeacoast Anti-Pollution League Board
- 5 Market Street U.S. Nuclear Regulatory Commission Po:tsmouth, lil! 03801 Washington, D.C.
20555 Atomic Safety and Licensing Paul McEachern, Esq.
Appeal Panel
- Matthew T. Brock, Esq.
U.S. Nuclear Regulatory Commission Shaines a McEachern Washington, D.C.
20555 25 Maplewood Avenue P.O. Box 360 Portsmouth, Nil 03801
Docketing and Service Section*
William Armstrong Office of the Secretary Civil Defense Director U.S. Nuclear Regulatory Commission Town of Exeter Washington, D.C.
20555 10 Front Street Exeter, NH 03833 Flaynard L. Young, Chairman Board of Selectmen Peter J. Matthews, Blayor 10 Central Road City Hall Rye, FII 03870 Newburyport, FIA 09150 Michael Santosuosso, Chairman William S. Lord Board of Selectmen Board of Selectmen South 'lampton, nil 03827 Town liall - Friend Street Amesbury, RfA 01913 Stanley h'. Fnowles, Chairmen F.!rs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen P.O. Box 710 13-15 Newmarket Road North I!ampton, NI! 03862 Durham, nil 03824 R. K. Gad III. Esq.
Gary W. Ilolmes, Esq.
Ropes & Gray llolmes & Ellis 225 Franklin Street 47 Winnacunnet Road Eceton, PTA 0?l10 Ilampte'1, nil 03842 6
Sherwin E. Turk Deputy Assistant Chief Hearing Counsel