ML20206D837
| ML20206D837 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/16/1986 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-648 OL, NUDOCS 8606200270 | |
| Download: ML20206D837 (7) | |
Text
N[ff$
A e
Dated:
June 16, 1986
.cr hidN//g x UNITED STATES OF AMERICA S
MUCLEAR REGULATORY COMMISSION Q'
~===.,
before the rgg
[e\\
D00tETnto s M
ATOMIC SAFETY AND LICENSING BOARD CLRVICE EaAtyg M N
GECY nac g$1,
{
tu
)
In the Matter of
)
)
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
)
)
APPLICANTS' MOTION TO STRIKE PORTIONS OF STAFF RESPONSE TO APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION 1.
The applicants move to strike the Staff's response to Applicants' Motion for Summary Disposition of NECNP Contention No. NHLP-3 and SAPL Contention No. 17 for the following reasons:
The affidavit of Edward A. Thomas, which is the only basis for the Staff opposition, demonstrates (1 F) that the only inadequacies alleged arise out of the exercise, not out of the plans themselves.
The contentions at bar are contentions of inadequacies in the plans, not the exercise deficiencies.
The Staff, in taking the position it has taken, is ignoring the rule that the Licensing Board is to make predictive findings.
Nothing in B F of the Thomas 8606200270 860616 PDR ADOCK 03000443
]
G PDR
S O~
Affidavit is a basis for holding that there does not exist reasonable assurance that the plans for communications will not be adequate.
2.
Applicants move to strike the Staff's response to Applicants' Motion for Summary Disposition of SAPL Contention No. 7 for the following reasons:
The affidavit of Edward A. Thomas, which is the Staff's sole basis for opposition to this motion, demonstrates (1 G) that the only inadequacies alleged arise out of the exercise, not the plans themselves.
Thus, for the reasons stated in paragraph 1 of this motion, the Staff response to applicants' motion on SAPL No. 7 should be stricken.
3.
Applicants move to strike the Staff response to Applicants' Motion for Summary Disposition of Rye Contention No. 2 for the following reasons:
The affidavit of Edward A.
Thomas, which is the sole basis for the Staff Response demonstrates (1 E) that Staff does not contest that the affidavit of Richard H.
Strome that plans will be prepared and inserted in the plaa for the Rannie Webster Nursing and Elderly Home.
And no reason is given why there is any reason to believe appropriate plans cannot be formulated.
The Staff is ignoring the principal that final FEMA approved plans need not be extant to support the necessary reasonable assurance finding.
E.g.
Philadelphia Electric Co.
(Limerick Generating Station, Units 1 and 2), ALAB-808m 21 BRC 1595m 1601 (1985); Louisiana Power & Light Co. -
(Waterford Steam Electric Station, Unit 3), ALAB-732, 17 NRC 1076, 1103 (1983); Cincinnati Gas & Electric Co. (Wm. H.
Zimmer Nuclear Power Station, Unit No. 1), ALAB-727, 17 NRC 760, 770 (1983).
There is no reason to believe, given the affidavit of the head of NHCDA, that plans will not be forthcoming.
4.
The applicants move to strike the Staff Response to Applicants' Motion for Summary Disposition of NECNP Contention No. RERP-2 for the following reasons:
The affidavot of Edward A. Thomas, (1 D) which is the sole basis for the Staff opposition gives three bases for the opposition:
(1) the copy of the Coast Guard MOU in the NHRERP is unsigned; (2) the Coast Guard did not demonstrate the ability to notify the boating public in 15 minutes during the exercise because an incorrect telephone number was listed and called; and (3) the letter of FAA is "on file" but "[nlo text has been provided to FEMA."
Starting with reason No.
3, an FAA letter was attached to the Strome affidavit filed in support of the motion which will be incorporated into the plan.
Reason No. 2 arises out of the exercise, not the plan, (except the wrong number listing, which is a detail easily taken care of).
Reason No. 1 is a lack of signature, and there is no basis for believing that a signed letter does not exist, a copy of which can be inserted.
Again, the Staff is demanding a degree of 3-
~
l finality not demanded by the regulations.
See paragraphs 1 and 3, supra.
5.
Applicants move to strike the Staff's response to
" Applicants Motion for Partial Summary Disposition of South Hampton Contention No.
8, NECNP Contention NHLP-4 and SAPL Contentions 18 and 25" for the following reasons:
To begin with this was a motion for partial summary disposition seeking only disposition " insofar as these contentions assert that there do not exist adequate procedures for identifying persons with special needs."
The affidavit of Edward A. Thomas (1 C), which is the sole basis for the Staff's opposition, gives as the sole reason for the Staff position the fact that the method of identification of special needs persons set out in the plan (postcards in the brochures) is inadequate.
The Thomas affidavit and Staff response ignore the Strome affidavit which described the new method, the implementation of which has started.
Nowhere does there appear any basis for the affidavit's conclusion that "this approach is neither sufficiently comprehensive nor has it been implemented".
Finally, " deficiencies in providing transportion resources" adverted to in the last E
sentence of 1 C of the affidavit, provide no basis for opposing the partial summary disposition sought.
Again, the
_4_
I Staff is ignoring the regulatory standard of completeness and demanding absolute finality in the plans.
By their attorneys, s
s' d f w L
l
- f T}i5fiia's GT Dgan, Jr.
R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Attorneys for Applicants
I 0)
Q cora2)
D E
00H191986*31 pocnTmG&
~~
ELavICE UUutCH ENY *
- CERTIFICATE OF SERVICE
'f (Y
/
I, Thomas G.
- Dignan, Jr.,
one of the attorneys for t N
Applicants herein, hereby certify that on June 16, 1986, I made service of the within document by mailing copies thereof, postage prepaid, to:
Administrative Judge Helen Hoyt Stephen E.
Merrill, Esquire Chairperson Attorney General 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 Richard A. Hampe, Esquire Board of Selectmen Hampe and McNicholas Town Office 35 Pleasant Street Atlantic Avenue Concord, NH 03301 North Hampton, NH 03862 Diane Curran, Esquire Sherwin E.
Turk, Esquire Harmon & Weiss Office of the Executive Legal Suite 430 Director 2001 S Street, N.W.
U.S.
Nuclear Regulatory Washington, DC 20009 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Atomic Safety and Licensing Mr. Ed Thomas Board Panel FEMA, Region I U.S. Nuclear Regulatory 442 John W.
McCormack Post Commission Office and Court House Washington, DC 20555 Post Office Square Boston, MA 02109
5I x
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 Gary W.
Holmes, Esquire Mr. Peter J.
Matthews Holmes & Ells Mayor 47 Winnacunnet Road City Hall Hampton, NH 03841 Newburyport, MA 01950 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 03801 Senator Gordon 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. J. P. Nadeau 1 Pillsbury Street Selectmen's Office Concord, NH 03301 10 Central Road (Attn:
Herb Boynton).
Rye, NH 03870 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 l
H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road l
Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Judith H. Mizner, Esquire Washington, DC 20472 Silvergate, Gertner, Baker Fine, Good & Mizner Philip Ahrens, Esquire 88 Broad Street Assistant Attorney General Boston, MA 02110 Department of the Attorney General Augusta, ME 04333 i
Tho6as G. D1}ppin, Jr.
l l
l' i
. _ - _ - _