ML20206G913
| ML20206G913 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/09/1987 |
| From: | Sneider C MASSACHUSETTS, COMMONWEALTH OF |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#287-3074 OL-1, NUDOCS 8704150196 | |
| Download: ML20206G913 (7) | |
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April 9, 1987 5:
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NUCLEAR REGULATORY COMMISSION
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Docket Nos. 50-443-OL gg_/
In the Matter of
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50-444-OL
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(Off-site Emergency PUBLIC SERVICE COMPANY OF
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Planning)
NEW HAMPSHIRE et al.
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-and-
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(On-site Emergency (Seabrook Station, Units 1 and 2)
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Planning and Safety
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Issues)
)
AITORNEY GENERAL JAMES M.
SHANNON'S RESPONSE TO APPLICANTS' SUGGESTION OF MOOTNESS AND REQUEST FOR VACATION OF STAY Attorney General James M.
Shannon files this response to Applicants' Suggestion of Mootness and Request for Vacation of j
Stay, dated April 7,
- 1987,
(" Applicants' Request") as follows:
1.
Applicants' Request alleges that "[u]nder date of April 8, 1987, the Applicants are filing in the Seabrook Dockets a utility plan for that portion of the Sea'orook EPZ which is located in the Commonwealth of Massachuse.tts."
2.
The Attorney General was served with a copy of the 8704150196 870409 ADOCK0500gg3 DR j)so15
purported " utility" plan on April 8, 1987.
3.
A cursory review of the documents received establishes that the plans submitted in no sense constitute a " utility" plan.
Rather, the plans are nothing more than draft plans Prepared, in part, by an agency of the Commonwealth of Massachusetts.
Those plans have been rejected by the Commonwealth as inadequate and unworkable.
The Commonwealth (as well as the local governments) has consistently stated that it will not implement those plans.
Thus, these " plans" are not
" plans of state and local governmental entities" as required by 10 C.F.R. 50.33(g).
4.
Moreover, the plans submitted by the Applicants contain no compensatory features to provide for the non-participation of the Commonwealth.
Consequently, they do not constitute a
" utility" plan such as, for example, the plan submitted by LILCO in the Shoreham litigation.
Thus, they are not " compensatory" 1
plans as required by 10 C.F.R. 50.47(c)(1).
i 5.
The plans submitted are, therefore, not " local" plans,
" state" plans, or " utility" plans but are merely a sham.
They are not a " good faith effort" as Applicants have conceded would be necessary.
See Brief of Applicants, dated January 26, 1987, at 12.
6.
Consequently, the issue pending before the commission in review of ALAB-853 is in no way moot and the stay should continue at least until such time as the Applicants file
genuine state, local, or utility plans.3/
In the alternative, the Commission should continue the stay in effect pending further briefing from all parties as to the
~ effect, if any, of the April 8, 1987 filing of " plans" by ihe Applicants.
Respectfully submitted, JAMES M. SHANNON, ATTORNEY GENERAL of the COMMONWEALTH OF MASSACHUSETTS 3
By:
Donald S.
Bronstein i
Carol S. Sneider Assistant Attorneys General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108-1698 (6 17 ) 727-2265 i
1/
The Attorney General reiterates his contention that 10 C.F.R. 5 50.33(g)'s requirement of submission of " plans of State and-local governmental entitites" is not satisfied by the filing of " utility" plans.
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UNITED STATES OF AMERICA Sk O - " s NUCLEAR REGULATORY COMMISSION Q
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JrjT[,k In the Matter of
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PUBLIC SERVICE COMPANY OF NEW
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Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL.
)
(Seabrook Station, Units 1 and 2)
)
)
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CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on April 9, 1987 I made service of the within document by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk, by Federal Express mail, or as indicated by a triple asterisk by telecopier or hand delivery, to:
- Lando W.
Zech, Jr., Chairman
- Thomas M.
Roberts, Commissioner
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814
- James K. Asselstine, Commissioner
- Frederick M. Bernthal, Commissioner U.S. Nuclear Regulatory Commission U.S.
Nucler Regulatory Comnission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814
- Kenneth M. Carr, Commissioner
- Alan S.
Rosenthal, Chairman U.S. Nuclear Regulatory Commission Atomic Safety & Licensing East West Towers Building Appeal Board 4350 East West Highway U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East West Towers Building Third Floor Mailroom 4350 East West Highway Bethesda, MD 20814
C
- Gary J. Edles
- Howard A. Wilber Atomic Safety & Licensing Appeal Atomic Safety & Licensing Appeal Board Board U.S. Nuclear Regulatory Commmission U.S. Nuclear Regulatory Commission East West Towers Building East West Towers Building
-Third Floor Mailroom Third Floor Mailroom.
4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814
- Sheldon J. Wolfe, Chairperson Helen F.
Hoyt, Chairperson Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commmission U.S. Nuclear Regulatory Commission East West Towers Building East West Towers Building Third Floor Mailroom Third Floor Mailroom 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Dr. Emmeth A.
Luebke Dr. Jerry Harbour Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S.
Nuclear Regulatory Commnission U.S.
Nuclear Regulatory Commission East West Towers Building East West Towers Building Tnird Floor Mailroom Third Floor Mailroom 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 H.
Joseph Flynn, Esq.
Stephen E.
Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee, Esq.
Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W.
25 Capitol Street Washington, DC 20472 Concord, NH 03301
- Docketing and Service Paul A.
Fritzsche, Esq.
- U.S.
Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC.
20555 Augusta, ME 04333 Roberta C.
Pevear Diana P.
Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road dampton Falls, NH 03844 Atomic Safety & Licensing Robert A.
Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 East West Towers Building Manchester, NH 03106 Third Floor Mailroom 4350 East West Highway Bethesda, MD 20814..
t'
- Sherwin E. Turk, Esq.
Judith H.
Mizner, Esq.
Office of the Executive Legal Silvergate, Gertner, Baker Director Fine, Good & Mizner U.S.
Nuclear Regulatory Commission 88 Broad Street Tenth Floor Boston, MA 02110
-7735 Old Georgetown Road Bethesda, MD 20814 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S.
Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq.
J.
P.
Nadeau Matthew T. Brock, Esq.
Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O.
Box 360 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A.
Canney Board of Selectmen City Manager RFD 1,-Box 1154 City Hall Rte. 107 126 Daniel Street E.
Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J.
Humphrey Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack)
Newbury, MA 10950 Senator Gordon J.
Humphrey Peter J.
Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton)
Newburyport, MA 01950 Donald E.
Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W.
Holmes, Esq.
RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841
\\.
Philip Ahrens, Esq.
Diane Curran, Esq.
Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General 2001 S Street, N.W.
Sta.te House Station #6 Washington, DC 20009 Augusta, ME 04333
- Thomas G.
Dignan, Esq.
Richard A.
Hampe, Esq.
R. K. Gad III, Esq.
Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 i
Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management dampton, NH 03842 Agency 442 J.W. McCormack (POCH)
Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 0383.s Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Charles P.
Graham, Esq.
Civil Defense Director McKay, Murphy and Graham Town of Brentwood Old Post Office Square 20 Franklin Stree:
100 Main Street Exeter, NH 03833 Amesbury, MA 01913 Rep. Edward J.
Markey Gustave A.
Linenberger, Jr.
Cnairman Atomic Safety & Licensing Board U.S.
House of Representatives U.S.
Nuclear Regulatory Su' committee on Energy Commission o
Conservation and Power East West Towers Building Room H2-316 4350 East West Highway House Office Building Third Floor Mailroom Annex No. 2 Bethesda, MD 20814 Washington, DC 20515 Attn:
Linda Correia M
)
e Carol S.
Sneider Assistant Attorney General Environmental Protection Division DATED:
April 9, 1987 i i
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