ML20205P328

Applicant Motion for Summary Disposition of New England Coalition on Nuclear Pollution RERP-2.* Motion Based on Listed Reasons & Am Callendrello Affidavit

ML20205P328
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 8704030239
Download: ML20205P328 (4)

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3/25/87 UNITED STATES OF AMERICA J

NUCLEAR REGULATORY COMMISSION i

before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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

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(Seabrook Station, Unita 1 and 2) ) (Offsite Emergency Planning l ) Issues)

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APPLICANT 3' MOTION FOR

SUMMARY

DISPOSITION OF NECNP RERP-2 Now come the Applicants, pursuant to 10 CFR 2.749, on the basis of the facts set forth in the " Affidavit of Anthony M. Callendrello (NECNP RERP-2)" (Callendrello Affidavit) and, for the reasons set forth below move the Board to enter an order granting summary disposition in Applicants' favor of NECNP Contention RERP-2.

REASONS FOR ORANTING THE MOTION NECNP Contention RERP-2 reads as follows:

"The New llampshire RERP violates 10 CFR l 50.47 (b)(3) as imptomemted by NUREG-0654 1 at II.C.1.b. in that the State has not

yet specifically identified all areas in which it requires federal assistance or )

the extent of its needs; nor has it made j A K O M 43 PDR

4 arrangements to obtain that assistance; nor has it stated the expected time of arrival of Federal assistance at the Seabrook site or EpZ."

This contention was admitted by the Board in its Order of April 1, 1986 "to the extent to which it addresses required federal assistance to the State." ASLB Nem.&Ord, at 52 (Apr.

1, 1986). Thereafter, the Applicants moved for summary disposition of the contention which was allowed in part and denied in part. In particular, the motion was denied: "In regard to fulfilling the need for placing a signed copy of the Memorandum with the Coast Guard, inserting the correct telephone number and placing specific measures in the plan that provide for shell fish examination which NH has identified as an area where federal assistance is required."

ASLB Nem.&Ord at 12 (Nov. 4, 1986).

The Caliendretto Affidavit establishes that shellfish examination is no longer an area where federal assistance is required, the State having taken over responsibility for it ,

and that there is now a signed MOU with the Coast Guard with 1

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correct telephone numbers. Thus the remaining portion of the contention should be dismissed.

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ThfMWirCO .' Di gngJ r .

R. K. Gad III.

Kathryn A. Selleck Ropes & Gray i 225 Franklin Street 1

Boston, MA 02110

(617) 423-6100

} Counsel for Applicants '

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j STATEMENT OF MATERIAL FACTS NOT IN DISPUTE 1

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1. Shellfish examination is no longer an area i

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2. There now exists a signed MOU between the Coast f

! Guard and NHCDA which has the correct telephone numbers in it. i i

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