ML20205M947

Applicant Motion for Summary Disposition of Town of Kensington (Tok) Contention 1.* Motion Based on Listed Reasons & Rh Strome & Am Callendrello Affidavits.Statement of Matl Facts Not in Dispute Encl

ML20205M947
Person / Time
Site:	Seabrook
Issue date:	03/25/1987
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
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References
OL, NUDOCS 8704020541
Download: ML20205M947 (4)

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Dated: March 25, 1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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

) Off-site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues

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i APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF TOWN OF KENSINGTON (TOK) CONTENTION 1 Pursuant to 10 CFR $ 2.749, on the basis of the

" Affidavit of Richard H. Strome (TOK 1)" and " Affidavit of Anthony M. Callendrello (TOK 1)" and for reasons set forth below, the Applicants move the Board to enter an order granting summary disposition in favor of the Applicants with respect to Town of Kensington (TOK) Contention No. 1.

REASONS FOR GRANTING THE MOTION TOK Contention No. 1 asserts:

"The December 1985 draft-radiological emergency response plan for [TOK] does  ;

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i not assure that "each principal response organization has staff to respond and to augment its initial response on a continuous basis, as required by 10 CFR

$ 50.47(b)(1), because there are not alternates in several of~the key emergency response positions and other departments are inadequately staffed to respond to an emergency as outlined in the plan."

In accepting TOK 1 the Board declared that "it should be understood that the subject matter for litigation is only the availability of emergency response personnel."

The Affidavit of Anthony M. Callendrello demonstrates that based upon the results of an ongoing personnel resources assessment program there are approximately 56 persons available to the Town to serve in an emergency response capacity to activate a TOK emergency response organization of up to 29 persons which TOK has been unwilling to do. This being the case, the " realism" doctrine dictates allowance of the motion. Long Island-Lighting Co. (Shoreham Nuclear Power Station, Unit 1),

CLI-86-13, NRC , CCH Nuclear Reg. Rep. 1 30,975 (July 24, 1986).

The Affidavit of Richard H. Strome makes clear that an emergency plan can and will be implemented for TOK. In the event TOK selectmen refuse to implement the NH RERP -

Revision 2 TOK plan, the State of New Hampshire can and will implement measures outlined in NHRERP Vol. 2 Appendix G so

I as to provide for the necessary emergency response capabilities for TOK.

By their attorneys, Thomas'G f.ilhan, Jr.

R. K. Ga5 III Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100

.. I STATEMENT OF MATERIAL FACTS NOT IN DISPUTE The Town of Kensington has sufficient personnel resources available to it to staff the TOK RERP.

In the event of a refusal or unwillingness of the TOK selectmen to implement the TOK RERP, the State of New Hampshire will implement measures as outlined in NHRERP -

Rev. 2 vol. 2 Appendix G entitled Concept of Operations for Providing State Assistance to Municipalities Unable to Respond to an Emergency, so as to provide for the necessary emergency response capabilities for TOK.

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