ML20205L832
| ML20205L832 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/26/1987 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-2951 OL-1, NUDOCS 8704020203 | |
| Download: ML20205L832 (6) | |
Text
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3/26/87 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2$
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ATOMIC ~ SAFETY ~AND LICENSING BOARD E5Q
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oi In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL-l' NEW HAMPSHIRE, et al.
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50-444-OL-1
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(Seabrook Station, Units 1 and 2)
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(Onsite Emergency Planning
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and Safety Issues)
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APPLICANTS' RESPONSE TO MOTION OF ATTORNEY GENERAL JAMES M.
SHANNON TO FILE A LIMITED REPLY TO APPLICANTS' ANSWER TO ATTORNEY GENERAL'S MOTION TO RECONSIDER Applicants respond to the Motion of Attorney General James M.
Shannon to File a Limited Rcply to Applicants' Answer to Attorney General's Motion to Reconsider by saying that the acceptance of the reply is a matter committed to the sound.#
l discretion of the Board.
As to the merits: the Applicants do take the position that the correct procedure is to utilize the one-third octave band for two reasons.
First, even the materials cited by the Commonwealth indicate that the one-third octave band is the preferred choice, the full width octave band option having been added as the result of a comment received; 8704020203 870326 PDR ADOCK 05000443 G
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second, and more importantly, the technical evaluation filed as an attachment to the Callendrello Affidavit done by Wyle Laboratories, Callendrello Aff. Attach.
C, sets forth the technical basis for that choice in this particular case on pages 2 and 3 under the heading " Signal Detection Theory."
As to whether or not Massachusetts had ever shown interest in sirens previously:
The first of the two contentions which are cited by the Attorney' General was a general contention which mentioned " prompt notification" in its statement of basis.
It was rejected with leave to refile at a later date.
The second contention, reworded was admitted in 19F3.
That contention, like all others then admitted was rendered moot by the filing of the new New p an in 1985.
The Board then instructed parties to Hampshire j
file a uhole new set of contentions based upon that new plan.
Massachusetts confined itself to a single contention which was rejected and had nothing to do with prompt notification methods in general or " siren systems" in particular.
In light of that history, we do not believe the statement made in our 1
brief was in error, llowever, we are certainly willing to replace the phrase "no interest" with "vanishingly little interest" in light of the vague references to " prompt notification" in the first of the cited contentions.
The applicants are not " calling into question" the 1
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4 Attorney General's motives.
We assume he is going forward to further the goal selected by the Commonwealth of seeing to it that Seabrook is not allowed to run.
We do not consider references to such matters to be "name-calling."
We do-consider such matters to be legitimate considerations for a Board in deciding a motion to reopen a closed record.
Respectfully submitted, I
Agg 1
Thomas G. D'i gafffi, J r.
R.
K.
Gad III Kathryn A.
Selleck Ropes & Gray 1
225 Franklin Street i
Boston, MA 02110 (617) 423-6100 Counsel for Applicants I
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9 00CMETED D
USNRC CERTIFICATE OF SERVICE
'87 ISR 30 P1 :02 I, Thomas G. Dignan, Jr. one of the attorneys for the Applicants herein, hereby certify that on March 26, EntTARY made service of the within document by mailing copi }9p7p ICKETING A SERVICI.
thereof, postage prepaid, to:
BRANCH Administrative Judge Sheldon J.
Stephen E. Merrill, Esquire Wolfe, Esquire, Chairman Attorney General t
Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General-Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 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 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen And*ea C.
Ferster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W.
Washington, DC 20009 Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon l
U.S. Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 i
Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 w.-
6 Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O. Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RED 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03901 Senator Cordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 l
r-v Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913
.- m Thomas G.'DignaC Jr.
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