ML20206J487
| ML20206J487 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/20/1986 |
| From: | Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-687 OL, NUDOCS 8606270179 | |
| Download: ML20206J487 (13) | |
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before the 9
ATOMIC SAFETY AND LICENSING BOARD
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'In the Matter of
'PUBLIC SERVICE COMPANY OF
.NEW HAMPSHIRE, et al Docket Nos. 50-443-OL 50-444-OL l (Seabrook Station, Units 1 and 2)
MOTION IQ CONTINUE LICENSING HEARINGS NOW COMES the Town of Hampton and moves to continue the evidentiary hearings presently scheduled to commence on August 4, 1986
!in Portsmouth, New Hampshire until such time as:
1.
The State of New Hampshire has provided the parties and participants to this proceeding a substantially complete New Hampshire Radiological Emergency Response Plan and 2.
The parties and participants to this proceeding have had a reasonable opportunity to review, obtain discovery, and file 1
l contentions on the NHRERP.
l In support of this motion, the Town of Hampton states:
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On or about June 9,1986, the State of New Hampshire served upon
! the Town of Hampton " Revision 1" to the New Hampshire Radiological i
Emergency Response Plan (NHRERP).
This " Revision 1"
contains gp2 79 860620 0
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substantial amendments to the State RERP, the RERPs f or many of the municipalities located within the EPZ, and represents the third RERP f or the Town of Hampton submitted by the State to this Board in the 1
last six months.
h The revisions to the latest Hampton RERP include substantial modification and reduction of the State's estimate on the peak seasonal 1
i population for the Town, provisions for the Department of Education to I
l coordinate emergency response activities, change of the host city for the Town of Hampton to Dover, New Hampshire, assumption by the State Resources Coordinator of Bus and Transportation Coordination for Evacuation, and alteration of plans f or evacuation of Town residents and special needs populations needing transportation in the event of evacuation.
Additionally, on or about June 16, 1986, the Town of Hampton was served with a KLD Draft -Final Report of the Seabrook Station Evacuation Time Estimates and Traffic Management Plan.
The changes in this draft final report are outlined in a May 30, 1986 letter from KLD Associates to the New Hampshire civil Def ense Agency, previously ser cd on the parties.
Under the present schedule for evidentiary hearings, to commence on August 4,1986, it is wholly unreasonable f or the Town of Hampton, and other parties and participants to this proceeding, to review these major revisions to the NHRERP, f rame appropriate contentions, obtain discovery, and have a reasonable opportunity to prepare.and explore these issues at the evidentiary hearing within the present time frame 2
SHAINES. M ADRIGAN & Mc EACHERN. Poortssmonat assocate 2% esAPtfWOOD avtNUE PO EtOA %O PORTSwoutu NH 03pP
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i established by this Board.
To avoid making a mockery of the evidentiary hearings, therefore, this Board should continue the hearing to permit the parties to meaningfully address the new issues raised by Revision 1 to the NHRERP.
More significantly, by letter of June 3, 1986, Richard l
l Strome, Director of New Hampshire Civil Defense, advised FEMA of I
the State's intent to f urther amend the NHRERP (" Revision 2").
The letter indicates Revision 2 will be available in October, 1986, or two months af ter the presently scheduled evidentiary hearing.
In his letter, the Civil Defense Director has advised i
that the purpose of Revision 2 is to j
outline changes to be made in response I
to the RAC review, to the FEMA exercise report, and to observations noted in contentions of f ered by intervenors to the ASLB hearings process, and to changes suggested by various members of New Hampshire emergency response organizations.
A copy of the Civil Def ense Director's letter is attached hereto l
and incorporated by reference herein, including NH RERP Notice of i
i Revision.
I KLD Associates also has advised that the Final Report, as yet unpublished, will " incorporate any needed improvements" based upon j
reader comments.
See Preface, KLD Draft Final Report.
No date f or l
publication of the Final Report has been provided.
I By the State's own admission, therefore, the present NHRERP, including the RERP f or the Town of Hampton, remains substantially 3
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i incomplete and will be subject to f urther and substantial modification.
These additional changes to the NHRERP will not be provided to the parties until at least October, 1986, will likely result in the filing
' of additional contentions by parties and participants to this I proceeding, and may render irrelevant or moot contentions already admitted by this Board f or litigation, commencing August 4.
The Town of Hampton has already expended substantial time and expense reviewing the NHRERP, and framing contentions thereon, only to have certain contentions rendered moot, or necessitating substantial l
! revision.
For example, in February,1986, the Town filed a detailed
!, contention, Contention III, on the Maguire Report, which 'then constituted the Evacuation Time Estimate Study f or the NHRERP.
This l
ii contention was subsequently rendered wholly irrelevant when the State elected to delete the Maguire Report and substitute the KLD ETE study.
Hampton Contentions IV, VI, and VIII also required substantial-revision.
Judicial economy requires that, at least until the NHRERP is substantially complete, towns with limited resources, including the Town of Hampton, should not be required to respond or litigate an NHRERP, which continues to be subject to major alteration and revision.
Fundamental fairness requires that towns be provided a reasonable
! time and meaningf ul opportunity to respond to issues raised by Revision 1, and the as yet unpublished Revision 2 and KLD final report, rather
- than rushing headlong to meet an August 4 hearing deadline, rendered l wholly unreasonable by the late filings of the State of New Hampshire.
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For reasons set forth above, the Town of Hampton respectf ully request that the evidentiary hearings presently scheduled for August 4, 1986 be continued until such time as the State has prepared and
- submitted to the parties Revision 2 to the NHRERP, and the KLD Final Report, or has otherwise submitted a substantially complete NHRERP, and
! parties and participants have had reasonable opportunity to frame
' contentions and obtain discovery thereon.
' Dated:
June 7k2 1986 Respectfully Submitted, SHAINES &
EACHERN j
By Paul McEachern By Matthew T. Brock Attorneys for the Town of Hampton, New Hampshire I
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE.'31E ATOMIC SAFETY AHD LICENSING BOARD In the matter of j PUBLIC SERVICE COMPANY OF Docket Nos.
50-443 OL NEW HAMPSHIRE, et al.
50-444 OL i
j (Seabrook Station, Units 1 and 2)
I CERTIFICATE Of SERVICE I hereby certify that copies of MOTION TO CONTINUE LICENSING HEARINGS in the above-captioned proceeding has been served on the following by deposit in the United States mail on this 20th day of June, 1986.
iHelen Hoyt, Esq., Chairman i Administrative Judge
- Atomic Safety and Licensing Board i U.S. Nuclear Regulatory Commission
' East West Towers Building 4th Floor 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
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iBeverly Hollingworth
!209 Winnacunnet Road IHampton, NH 03842 l Sandra Gavutis, Chairman iBoard of Selectmen fRFD 1 Box 1154 iRoute 107 jKensington, NH 03827 I Dr. Emmeth A. Luebke lAdministrativeJudge l Atomic Safety and Licensing Board iU.S. Nuclear Regulatory Commission I Washington, D.C.
20555 Carol S. Snieder Assistant Attorney General Office of the Attorney General one Ashburton Place, 19th Floor
, Boston, MA 02108 il Stephen E. Merrill l Attorney General
! George Dana Bisbee IOffice of the Attorney General 25 Capitol Street Concord NH. 03301-6397 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency 35 Pleasant Street Concord, NH 03301 Calvin A. Canney, City Manager City Hall 1126 Daniel Street Portsmouth,-NH 03801 iRoberta C. Pevear State Representative Town of Hampton Falls Drinkwater Road Hampton Falls, NH 03844 i
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I Robert A. Backus, Esq.
Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)
- Boston, MA 02109
!H. Joseph Flynn, Esq.
! Assistant General Counsel
' Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C.
20472 Jane Doughty Seacoast Anti-Pollution League 5 Market Street fPortsmouth,NH 03801 i
j Atomic Safety and Licensing Appeal Panel l U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Allen Lampert Civil Defense Director Town of Brentwood 20 Franklin Street Exeter, NH 03833 Angie Machiros, Chairman Board of Selectmen 25 High Road
! Newbury, MA 01950 I Jerard A. Croteau, Constable 82 Beach Road l P.O. Box 5501 Salisbury, MA 01950 Diane Curran, Esq.
Harmon & Weiss j 2001 S Street, N.W.
l Suite 430 l Washington, D.C.
20009 i
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h Philip Ahrens, Esq.
1 Assistant Attorney General
! Office of the Attorney General State House Station, #6 Augusta, ME 04333 Thomas G. Dignan, Jr., Esq.
Ropes & Gray
- 225 Franklin Street
' Boston, MA 02110 I Atomic Safety and Licensing Board j U.S. Nuclear Regulatory Commission
' Washington, D.C.
20555 Docket and Service Section Office of the Secretary l Washington,D.C.
U.S. Nuclear Regulatory Commission j
20555 i
.J.P. Nadeau, Esq. -
Selectmen's Representative Board of Selectmen 10 Central Road
- Rye, NH 03870 Michael Santosuosso, Chairman Board of Selectmen South Hampton, NH 01913 Mr. Robert Carrigg, Chairman Board of Selectmen Town Office Atlantic Avenue North Hampton, NH 03862 William Armstrong Civil Defense Director Town of Exeter 10 Front Street Exeter, NH -03833 l
I Peter J. Matthews, Mayor City Hall Newburypor t, MA 01950 l
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William S. Lord
! Board of Selectmen Town Hall - Friend Street Amesbury, MA 01913 Mrs. Anne E. Goodman, Chairman Board of Selectmen
' 13-15 Newmarket Road Durham, NH 03824 Gary W. Holmes, Esq.
' Holmes & Ellis 47 Winnacunnet Road i Hampton, NH 03842 I.lSherwin E. Turk, Esq.
I Office of the Executive Legal Director lU.S. Nuclear Regulatory Commission
! Tenth Floor
' 7735 Old Georgetown Road lBethesda,MD 20814 Oreste Russ Pirfo
- Office of the Executive Legal Director
- U.S. Nuclear Regulatory Commission Washington, DC 20555 Dated
June 20, 1986 k
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Matthew T.
Brock, Esq.
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"' CHARD H 5TROME JAMES A SACCIOTES Deouty O* rector June 3, 1986 Mr. Henry G. Vickers, Regional Director Federal Emergency Management Agency Region 1 J.W. McCormack Post Office and Courthouse Boston, Massachusetts 02109
Dear Mr. Vickers:
We are pleased to inform you that New Hampshire Civil Defense Agency has completed Revision 1 to the New Hampshire Radiological Emergency Response Plan (tHRERP) package. We are in the process of distributing the Revision 1 changes to the holders of controlled copies of the plan and to other key people and agencies.
The next step in the process includes developing a work plan for compiling Revision 2 to the New Hamoshire Radiological Emergency _Rxnnnu Pl__an.
It is our intent that the work plan w11A outline cnauwes to be made in response to the RAC review, to the FDiA exercise report, to observations noted in contentions offered by intervenors to the ASLB hearings process, and to changes suggested by various members of New Hampshire emergency response organizations. It is our intent to have the work plan completed by July 1, 1986 with E_e__visinn 2 to follow. orobahlv in nr4nhor; 1986. We have arranged specifically to have the work plan available well'in advance of the scheduled Atomic Safety Licensing Board (ASLB) Hearings so that FEMA and all other interested parties will see what work is being undertaken to respond to comments outlined in the various reports cited above.
It is essential that we meet not later than mid June to expedite preparation of the work plan. In such a working level meeting, we would expect to outline the plan changes we anticipate in response to each corxnent.
2 We would expect, in return, to receive some~ expression of concurrence that.the proposed changes would be responsive to the RAC or exercise comment.- In ------
addition, for several comments, some dialogue is required before we can respond formally to the RAC. There are several corrnents that we do not understand, or for which the nature of the required improvement is not clear to us. Discussion with the authors of the comments would be most helpful in i
these cases. Could you please provide us with a firm date for tnese Mscussions to take place.
Emessency Management for New Hampshire
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Mr. Henry G. Vickers, Regional Director Page Two June 3, 1986 Thank you for your assistance in this matter.
Sincerely, f 'd %--
c Richard H. Strome Director RHS/sje 3457B i
e New Hampshire RERP Notice of Revision The following pages consist of the first revision to the New Hampshire Radiological Emergency Response Plan, which is dated June 1986. Each volume is packaged separately with a cover sheet showing insertions and deletions.
The revisions to the plan should be inserted into the following volumes:
VOLT #C TITLE 1
NHRERP Parts 1.0 through 7.0 2
Appendices A through K 4
State Agency Procedures for Seabrook Station 6
Seabrook Station Evacuation Time Study (Appendix E) 16 Seabrook 17 Hampton Falls RERP 18 Ha:rpton RERP 19 North Hampton RERP 20
' Rye RERP 21 Portsmouth RERP 22 New Castle RERP 23 Greenland RERP 24 Stratham RERP 25 Newfields RElF 26 Exeter RERP 27 Brentwood RERP 28 Kingston RERP 29 Kensington RERP 30 East Kingston RERP 31 South Hampton RERP 32 Newton RERP 33 Dover Host Flan 34 Durham Host Plan 35 Rochester Host Plan 36 Hanchester Host Plan 37 Nashua Host Plan 38 Salem Host Plan 04090 y
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