ML20205J034

Opposition to Applicant Motion for Establishment of Schedule.Applicant Has Not Engaged in Substantive Communication W/Rye,Nh Re Emergency Evacuation Plan.Original Plan Unreasonable & Unacceptable.W/Certificate of Svc

ML20205J034
Person / Time
Site:	Seabrook
Issue date:	01/22/1986
From:	Nadeau J RYE, NH
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20205J030	List: ML20205J025 ML20205J034
References
OL, NUDOCS 8601300083
Download: ML20205J034 (7)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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before the j-- )

i ATOMIC SAFETY AND LICENSING BOARD [

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In the Matter of )

) Docket Nos. 50-443-OL PUBLIC SERVICE COMPANY uF ) 50-444-OL NEW HAMPSHIRE et al. )

) Off-Site EP (Seabrook Station, )

Units 1 and 2) ~

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OBJECTION TO MOTION FOR THE ESTABLISHMENT OF A SCHEDULE The TOUN OF RYE objects to the APPLICANTS' MOTION FOR THE ESTABLISHMENT OF A SCHEDULE, and in so doing states as follows:

1. From the period of time of approximately May 1983 to January 10, 1986, none of the APPLICANTS have engaged in any substantive communication with the TOWN OF R1E relative to any emergency evacuation plan for that TOWN, knowing, or otherwise being chargable with knowledge, that the original plan the APPLICANTS proposed and submitted over two and a half years ago relative to the TOWN OF RYE, was unreasonable, unrealistic, unacceptable to the TOWN OF RYE.

2.

Recently disclosed actions by the APPLICANTS and their instrumentalities, demonstrate unconscionable conduct on their part for which they should be denied any present standing before this HONORABLE COURT, and as a result of which, the TOWN OF RYE has been, and continues to te, denied due process of law contrary to the CONSTITUTION OF THE UNITED STATES OF WERICA, by, among other things, the following:

8601300003 860122 '

PDR ADOCK 05000443 O PDR.

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a. On December 9,1985, the NF ' HAMPSHIRE CIVIL DEFENSE AGENCY, without any prior consultation with cg; approval of the TOWN OF RYE, officially filed with the FEDERAL EMERGENCY MANAGEMENT AGENCY a so-called RADIOLOGICAL EMERGENCY RESPONSE PLAN which was designated as being that of the TOWN OF RYE.

~ The TOWN OF RYE was not even given the courtesy of being copied on that letter i of transmittal and did not become aware of it's existence until January 6, 1986.

(By letter dated January 7,1986 the TOWN OF RYE notified FEMA of it's strong objection to that transmittal and a copy of that letter which has been marked EXHIBIT A is attached hereto ,and made a part hereof.)

b. Between rece=ber 9, 1985 and January 6, 1986, the FEDERAL 3

EMERGENCY MANAGEMENT AGENCY, without any consultation with, or approval of,

l the TOWN OF RYE, transmitted the said plan to the NUCLEAR REGULATORY COMMISSION.

The Town of Rye was not even given the courtesy of being. copied on that letter of transmittal.

c. On January 10, 1986 the NUCLEAR REGULATORY COMMISSION, without

.any consultation with, og; approval of, the TOWN OF RYE, transmitted said plan to the ADMINISTRATIVE JUDGES, without having reviewed said plan and without noting the TOWN OF RYE'S objection to same, of which it had full knowledge.

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3. The APPLICANTS' MOTION FOR THE ESTABLISHMENT OF A SCHEDULE dated l

4 January 14, 1986, received by the TOWN OF RYE on January 17, 1986, which seeks

] to set a deadline of February 24, 1986 for receipt of the TOWN OF KYE'S "conten-tions", is not only unreasonable, but is in fact unconscionable. The APPLICANTS i

j have had two and a half years in which to make the' current submittal and to require the TOWN OF RYE to reasonably evaluate same and prepare any contentions thereto in forty one days is a mockery of AMERICA'S JUDICIAL SYSTEM.

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4. Because emergency evacuation planning will so _significantly effect all

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residents, the TOWN OF RYE has taken the positisu that both review of any such.

plans through the local hearing process and approval of same through official TOWN MEETING vote are mandated.

WHEREFORE the TOWN OF RYE requests that the following relief be granted:

1. That the APPLICANTS' MOTION FOR ESTABLISHMENT OF A SCHEDULE be denied.

2. That the TOWN OF RYE be given, as a minimum, until on or before May 1, 1986 to review the plan proposed for it, to obtain professional evalua-tion, to hold a Public Hearing, and to file any contentions it might have.

3. That the TOWN OF RYE be given sufficient time to present any final plan for TOWN MEETING vote.

4. For such other and further relief as may be just.

Respectfully submitted, l

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b. F Nadeau Eye Town Hall 10 Central Road Rye, N. H.

964-5523 Dated January 22, 1986 l

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OFFICE OF SELECTMEN i RYE, NEW HAMPSHIRE January 7, 1986 Mr. Henry G. Vickers, Regional Director Region 1 Federal Emergency Management Agency J. W. McCormack Post Office & Courthouse Boston, MA 02109

Dear Mr. Vickers:

By letter dated December 9, 1985, Richard H.Strome, Director of the New Hampshire Civil Defense Agency, wrote you on behalf of the State of New Hampshire and purportedly on behalf of the local communities within the Seabrook Station radiological emergency planning zone.

Accompanying that letter were copies of so called " local plans" for radiological emergency response and an applica-tion for formal review and approval of same by your Agency.

Today is the first knowledge we have had of that communication, and we are appalled at its content, not to mention the fact that we were furnished with a copy of Mr. Strome's letter quite by chance through a private source. As of this writing we have not even seen whatever " plan" may have been submitted and designated as Rye's Radiological Emergency Response Plan.

This letter is to notify you that it is the position of the Town of Rye that no plan currently exists that could reasonably assure the safety of our residents in the event of any radio-logical emergency at Seabrook. Evacuation of school children has never been adequately addressed in this Town, and we know of no existing reasonable proposals for such. The process of determining and the determination itself, as to whether an emergency at Seabrook is classified as a " fast moving" one with likely imminent release of radiation, or is a " slow moving one", are nebulous'at best, yet parents are required to respond in different fashions in securing the safety of their children.

• It is disquieting, to say the least, that anything " slow moving" can become " fast moving" in an instant, particularly releases of radiation. The recent incident at Webbers Falls, Oklahoma is a frightening example.

Mr. Henry G. Vickers January 7, 1986 Page Two of equal concern to us are ever chang'ing quantity and .

quality of manpower, congested, and inadequate evacuation routing, unrealistic population estimates, and the glaring ,

common sense knowledge that any necessary contracted services, such as bus transportation for our childrens' safety, will be nothing more than a piece of paper. If a' company on whom we depend for contracted services fails, will Seabrook go "off line" until that deficiency is remedied? We know that is illogical to expect, but it is just as illogical to expect the Town of Rye to rely on a piece of paper for their safety, much less their childrens' safety.

If you do indeed, now have a plan before you which purports j to cover the Town of Rye, .it was submitted without any input from our office, it was submitted without our knowledge, and it was submitted without our approval. The Town objects to any such. submission for your review and respectfully requests that any such plan be forwarded to our office at

. once.

very truly yours, BOARD OF SELECTMEN

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Mayna . Y g i Chair an ,.

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( P. Nadeau Gelectm

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ack Tobey Selectman JPN/jt i

cc: Honorable Judge Helen Hoyt Rye Nuclear Intervention Advisory Cn==ittee U.S. Nuclear Regulatory Commissi~on, Washington, DC 20555 3

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CERTIFICATE OF SERVICE I, J.P. Nadeau, for the Board of Selectmen of the Town of Rye, hereby l

certify that January 22, 1986, I made service of the within document by mailing copies thereof, postage prepaid to:

Administrative Hudge Helen Hoyt Administrative Judge Sheldon J. Wolfe Chairperson Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U .S. ' Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 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, D,.C. 20555 Washington, D. C. 20555 Ms. Diana P. Randall G. Dana Bisbee, Esquire 70 Collins Street Assistant Attorney General Seabrook, N.H. 03874 -

Office of the Attorney General 208 State House Annex William S. Jordan, III, Esquire Concord, N.H. 03301 Harmon, Weiss & Jordan Suite 430 Robert G. Perlis, Esquire 20001 S Street, N.W. Office of the Executive Legal Washington, D. C. 20009 Director U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Robert A. Backus, Esquire Washington, D.C. 20555 116 Lowell Street P.O. Box 516 Atomic Safety and Licensing Manchester, N.H. 03105 Board Panel U .S. Nuclear Regulatory Anne Verge, Chairperson Commission Board of Selectmen Washington, D.C. 20555 Town Hall South Hampton, N.H. 03827 John McEachern, Esquire:

Shaines & McEachern JoAnn Shotwell,. Esquire 25 Maplewood Avenue Assistant Attorney General P.O. Box 360 Department of the Attorney General P ortsmouth, N.H. 03801 One Ashburton Place, 19th Floor ^

. Boston, MA 02108 Ms. Roberta C. Pevear The Town of Hampton Falls R. K. Cad, III ~

Drinkwater Road Ropes and Gray Hampton Falls, N.H. 03844 225 Franklin Street Boston, Ma. 02110

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Mrs. Sandra Gavutis Mr. Calvin A. Canney The Town of Kensington City Manager RFD 1 City Hall East Kingston, N.H. 03827. 126 Daniel Street Portsmouth, N.H. 03801 Senator Gordon J. Humphrey U.S. Senate Mr. Angie Machiros Washington, D.C. 20510 Chairman of the Board of Selectmen (Attn: Tom Burack) Town of Newbury l Newbury, MA 01950 Senator Gordon J. Humphrey 1 Pillsbury Street Mr. Richard E. Sullivan Concord, N.H. 03301 Mayor (Attn: Herb Boynton) City Hall Newburyport, MA 01950 Dr. Donald E. Chick Town Manager Town Manager's Office Town of Exeter Town Hall j 10 Front Street Friend Street Exeter, N.H. 03833 Amesbury, MA 01913 Brian P. Cassidy, Esquire Brentwood Board of Selectmen Regional Counsel RFD Dalton Road Federal Emergency Management Brentwood, N. H. 03833 Agency - Region I 442 POCH .

Philip Ahrens, Esquire Boston, MA 02109 Assistant Attorney General Department of the Attorney General Gary W. Holmes, Esquire Augusta, ME 04333 Holmes & Ells 4 7 Winnacunne't Road Hampton, N.H. 03842 i

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