ML20205F489
| ML20205F489 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/25/1987 |
| From: | Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20205F356 | List: |
| References | |
| OL, NUDOCS 8703310173 | |
| Download: ML20205F489 (3) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
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In tho Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL NEW llAMPS!! IRE, et al.
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50-444-OL
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Off-site Emergency (Seabrook Station, Units 1 and 2)
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Planning Issues
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TOWN OF llAMPTON MEMORANDUM IN SUPPORT OF MOTION FOR
SUMMARY
DISPOSITION As set forth in the relevant sections of Civil Defense Director Stromo's Affidavit, the Stato has admitted that no one is required to carry out any duties assigned under the NilRERP Revision 2. The N!!RERP further providos no Letter Agrooments, or other reasonable proof, to demonstrate that privato citizens of flampton, including teachers and health care personnel, will in fact carry out their assigned re-sponsibilition in the event of an actual amorgency at Seabrook.
Indood, while the " compensatory features" of the N!!RERP do qako provision for the non-participation of local governmental officials, the NilRERP continues to rely upon the participation of flampton teachers and special facilities workern "to implement their responso plans" as the solo means to protect the students and special noods populations.
Volumo 2 Appendix G Pago G2. Sinco, however, no one is 0703310173 07032D PDH ADOCK 0D000443 C
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o obligated to carry out any duties under the NHRERP, the State's reliance upon a voluntary and ad hoc emergency response, from unspecified private citizens, who are under no compulsion to carry out the NHRERP, as a matter of law fails to demonstrate that adequate protective measures can and will be taken for the student and special needs populations of flampton in the event of emergency.
10 CFR Section 50.47(a).
Indeed, the affidavit of Herbert Moyer, and the petition of EPZ teachers, filed herewith, provide strong corroborating evidence that 1
the teachers will not carry out their assigned N!!RERP duties.
Additionally, a more general pledge by the State to compensate for absent teachers with stato personnel, as a matter of law, fails to adequately or specifica111y identify these purported substitute state omorgency workers as required by 10 CFR 50.479b) (1);
NUREG 0654, supra, p. 31-33.
For reasons not forth herein, and in the attached STATEMENT OF MATERIAL FACTS, this Board should enter summary disposition in favor of the TOWN OF IIAMPTON as prayed for in this motion.
Respectfully submitted, Town of flampton By Its Attorneys P. A. /g*
S!!AINES EACllERN,
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s McEachern pu L-Datod:
March 1987 Matthew T. Brock 1 This Board should summarily reject any proforred "roalism" claim by Applicant or the State that, in an actual amorgoney, teachorn and health care staff will perform their assigned dution.
Unlike the governmental officials referenced in Shoroham, the privato citizonn assigned duties under the NilRERP have no legal duty to assumo civil M4AINES & M E AOi,JtN. rwv,Sta WAL. AwoA tu m at Mast twoots Ay,Ntre p o own tsua smwattAAiutH NH otaust
defense functions and the State has admitted same.
See In the Matter of Long Island Lighting Company, Shoreham Nuclear Power Station, United 1, Docket No. 50-322-oL-3 (7/25/86).
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