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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
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Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 0%;7)c'.
before the ATOMIC SAFETY AND LICENSINefqMR6 g P4:3B
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- ggyggg, In the Matter of ) ggg,gcq
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PUBLIC SERVICE COMPANY OF - ) Docket Nos. 50-443-OL ND1 HAMPSHIRE, et al. ) 50-444-OL
) Off-site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues
)
)
TOWN OF HAMPTON ANSWER OPPOSING APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION (TOH VI)
Pursuant to 10 CFR S2.749, the Town of Hampton submits this ANSWER OPPOSING APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION (TOH VI) and, on the basis of the Affidavits of Dona R. Janetos, Donald J.
Ziegler, Alan Luloff, Glen French, Herbert Moyer, Thomas J. Adler and TOWN OF HAMPTON MOTION FOR
SUMMARY
DISPOSITION, and f or reasons set forth below, the Town of Hampton requests this Board to deny APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION ON TOWN OF HAMPTON REVISED CONTENTION VI and to grant Town of Hampton motion for summary disposi-tion.
REASONS EQB DENYING APPLICANTS' MOTION Town of Hampton Revised Contention VI generally alleges that there are not suf ficient personnel to implement the Hampton RERP in the event of radiological emergency.
8704200133 870415 PDR ADOCK 05000443 G PDR SH AINES & McEACHERN . seerssomas assocaaves. anon =ces
i First, Applicant has grossly underestimated the peak summer population f or Town of Hampton and thereby has f ailed to allocate sufficient personnel, equipment, and resources to implement the Hampton RERP in event of emergency. Hampton Contention VI, 2/21/86, basis A, Luloff Affidavit; French Affidavit. While Applicant presently alleges that the peak summer population for Hampton is only 36,63 5, LighgIman Af fidavit, Glen French, Executive Director of the Hampton Chamber of Commerce, has stated by affidavit that the Chamber of Commerce estimates the summer population for Hampton f rom between 150,000 to 200,000, with an upper peak population of 250,000.
Since KLD purportedly relies, in part, upon data obtained f rom
" Chambers of Commerce", Vol. 6, p.1-2, the Af fidavit of Glen French, as Executive Director of the Hampton Chamber of Commerce, is suf fi-cient to generate a f actual dispute regarding population estimates for the Town of Hampton and warrants denial of Applicants' Summary Dispo-sition on this issue.
Applicants' present population estimates for Hampton are further disputed by prior drafts of the NHRERP. The original population estimate contained in the NHRERP for the Town of Hampton stated a peak l
population of 61,50 8. Egg Applicants' Motion f or Summary Disposition (TOH VI) at p. 2. This figure was subsequently increased by Applicant to 110,000. Hampton RERP, p. I-ll; Hampton Contention VI, 2/ 2 1 / 86, basis A. Applicants' present peak population figure of 36,635 for
! Hampton therefore represents a forty (40) percent reduction over those I
i SH AINES & McE ACHERN .aorses'o== assoc a'e a'*oams
,m_ _ _ . _ . _
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estimates originally admitted to by Applicant, and a sixty-seven (67 )
percent reduction over the figures contained in the first amended Hampton RERP. The prior draf ts of the NHRERP therefor cast substan-tial doubt on Appli cants' population estimates which Applicant apparently reduced in an effort to compensate for inadequate personnel to manage Hampton's actual population in an emergency.
Finally, the Commonwealth of Massachusetts has employed Alan Luloff to review and critique the EPZ population figures contained in the present NHRERP. While Mr. Lulof f has been unable to complete his researches at this time, his preliminary findings are that little or no confidence may be placed in Applicants' population figures, parti-cularly those relating to beach goers and other transients special needs and transit dependent persons, and growth projections. Luloff Affidavit, p. 2. In accordance with 2.74 9(c), this Board should further deny Applicants' Motion for Summary Disposition to permit Mr.
Luloff additional time to conduct necessary field research including aerial surveys, to refine and support his preliminary conclusions.
Egg Lulof f Af fidavit, p. 23, 24.
Appl icants' further claim that the Town has agreed to provide at least limited personnel and resources to implement the RERP and that the State, acting with or without Town assistance, has suf ficient
! personnel to implement the NHRERP. The Town denies these claims.
Janetos Af fidavit.
Additionally, Hampton part-time seasonal special police of ficers
- do not receive training in the NHRERP, including emergency and evacua-I SHAINES & McEACHERN . ==orrsso.as assoc.**o. a no==res
s 1
tion procedures. Janetos Af fidavit. Even if trained, these special 1
officers typically do not live within Hampton and are not reasonably available in the event of actual emergency. Janetos Affidavit.
Although sixty (60) part-time special officers were authorized in the
]
Town's budget, not all of these positions could be filled. Janetos Affidavit. There are only a maximum of five (5) to seven (7) full-time police officers on duty in one shift. Even assuming its partici-pation, therefore, the Town would not be able to provide an adequate j and immediate response of " sixteen local police personnel" which the State claims is necessary to support implementation of the Hampton RERP. Callendrello Affidavit Paragraph 8. M r. Ca11endre11o's j Affidavit, proferred by Applicant, is therefore a mere compilation of numbers, contained generally in the Town budget, which bears little relation to actual, available and trained personnel to implement the NHRERP for Hampton.1 1 In its Memorandum in Support of its Motion for Summary Disposition, i Applicant's attempt to overstate the prior holding of this Board that an allegation of part-time employment, without more, does not generate i an issue of f act that the personnel will not be available to implement i the NHRERP in the event of emergency. Memorandum and Order 4/29/86 at
, Page 64. As set f orth above, the Town by no means relies solely on l the f act that special police of ficers f or Hampton are employed on a part-time basis. The Affidavit of Chairman Janetos makes clear that
- these part-time, seasonal police of ficers have ng trainina in the l
NHRERP or. in emergency or evacuation procedures, in view of their
- relatively limited duties and brief tenure with the town. Even
! assuming such training, typically most of these special officers reside outside of Hampton and therefore would not be readily available to implement an NHRERP. Applicant's reliance upon this Board's Order
- to support its position is misplaced, overstated and should be j rejected.
i i
SH AINES & McE ACHERN eacetoso.% associate swom=rve
-._,___,_-.,___,,_,_..._,,_m.. _ . , _ , _ _ . _ . , . . . . - _ _ _ _ _ _ _ . _ _ _ _ - _ , _ , _ _ _ _ . , . _ . - _
9 i
Contrary to Mr. Callendrello's inferences f rom personnel numbers contained in the budget, employees of the Town of Hampton Public Works Department are not employed by the Town f or traffic management, to oversee and or remove disabled vehicles from the roadways, or other-wise to maintain the f ree flow of traffic on Hampton roads as required of these individuals under the NHRERP. Vol.18 p. III-12; Janetos Affidavit. These individuals therefore lack the requisite training, even assuming their partcipation, to implement the NHRERP. Virtually none of the individuals employed in the Hampton Department of Public Works have received training in, or are apparently f amiliar with, their duties as assigned in the Hampton RERP. Janetos Affidavit. The part-time employees in Public Works are typically high school or college students who are employed to clean up trash f rom the beaches and have no experience, training or knowledge of the Hampton RERP.
Most of the other public works personnel are involved in waste water and solid waste treatment and their employment duties have no relation to traffic management and/or servicing of roadways as assigned under the NHRERP. Janetos Affidavit.
The Affidavit of Richard H. Strome, New Hampshire Civil Def ense l
Director, submitted by Applicant, f urther supports the Town's position i
! that Applicant lacks adequate personnel to respond and augment its l
initial response on a continuous basis. 10 C.F.R. S 50.47 (b) (1) . In its Memorandum, Applicant admits that "anoroximately eichtv-six (86)
State Eo1 ice personne1 AIR Iggnirgi" in 1EPlamant the EHEEEEt an.d l
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"this gDamittEtat AXCiada the I.esonnes nf State Police Ig gy & ,
Applicant Memorandum p. 5 2 Sag Strome Af fidavit.
The Af fidavit of Mr. Strome further candidly states that it_ will be three (3) to four (4) hours before " additional troopers can be made available". This Board should therefore rule, as a matter of law, that Applicant has f ailed to demonstrate adequate availability of 1
personnel as required by '50.47 (b)(1) and NUREG-06 54 Pages 31 et seg.
Based upon TOWN OF HAMPTON MOTION FOR
SUMMARY
DISPOSITION, including the Af fidavit of Herbert Moyer, previously filed with this Board, the Town f urther requests this Board to rule, as a matter of law, that Applicant has f ailed to demonstrate that adequate teachers and health care personnel will be available to implement the NHRERP in the event of emergency. Moyer Af fidavit and petition of EPZ teachers.
The Affidavit of Mr. Milletti (Milletti Affidavit One) proffered by Applicant in support of its motion wholely f ails to address the issue of conflict.ing duties for teachers and health care workers (e.g.
family / student or f amily/ patient) and therefore provides no support for Applicant's position that teachers would implement the MIRERP in the event of emergency. Egg Ziegler Af fidavit. Applicant finally claims that its compensatory plan will adequately supplement for any lack of participation by the Town of Hampton or other area towns. The 2 There are approximately thirty-five (3 5) personnel in State Police Troop A. See FEMA, Final Exercise Assessment 6/2/ 86 Page 46.
SH AtNES & MCE ACHERN . *=oassee.a assoc.aew. arve=%e,s
Town denies this claim. Janetos Af fidavit. Further, since the State admits a' substantial deficiency in State Police troopers to implement the NHRERP until three (3) or four (4) hours after the onset of an emergency, the Applicants' claim is refuted by M r. Strome's own affidavit. Additionally, the only mechanism for providing supplemen-tal personnel, according to the State, is "in conformance with Vol. 2, App. G of the New Hampshire Plan entitled Concept of Operations f or Providing State Assistance to Municipalities Unable to Respond to an Emergency". Applicants' Memorandum p.11; Strome Affidavit. A review of this compensatory plan, however, plainly demonstrates that the State has made nn provision to supplement for teachers and health care personnel who may refuse to implement the MIRERP. See Vol. 2, App. G,
- p. G-2 (Special Facilities and School Personnel are still relied on in compensatory plan as sole means for implementation). Accordingly, the Affidavit of M r. Strome stating that "the State of New Hampshire can and will implement the New Hampshire Radiological Emergency Response Plan, Vol. 2, App. G" to compensate f or lack of local covernmental participation, which the Town denies, is in any event irrelevant on the issue of whether the State can adequately compensate for the lack of private citizens, including teachers and health care personnel, based upon their avowed refusal to implement the NHRERP during an emergency. Moyer Affidavit.
For reasons set f orth above, this Board should deny Applicant's Motion for Summary Disposition on Town of Hampton Revised Contention SH AINES & Mc E ACHERN . ==orsso o=4s associaec= ano== eve _
3 l
VI and grant the Town Summary Disposition Motion, date6 March 25, 19 U, previously filed with this Board.
Respectively submitted, Town of Hampton By Its A orneys SHAINE McEACHERN, P.
4 L aul McEachern Dated: April [b', 19 87 -
'A * <
Matthew T. Brock I
SH AINES & McE ACHERN = mowesso.a. assoc.ation anomances
STATEMENT QE MATERIAL PACTS IB DISPUTE (TOH y_I)_
- l. The Applicants' population estimates, including beach, transient, transit dependent, and special needs, for the Town of Hampton, and for the entire EPZ are inaccurate and unreasonably low.
- 2. The seasonal and part-time special police of ficers for the Town of Hampton lack the training to implement the NHRERP in the event of actual emergency at Seabrook.
- 3. The part-time and seasonal special police of ficers f or the Town of Hampton, even assuming adequate training in the NHRERP, will not reasonably be available to implement the NHRERP in the event of actual emergency at Seabrook.
- 4. The State lacks suf ficient State Police Troopers to provide an initial response to implement the NHRERP in the event of actual emergency at Seabrook.
- 5. Virtually all teachers and health care workers within the EPZ, including the Town of Hampton, will not implement the NHRERP in the event of actual emergency at Seabrook.
- 6. The State has no means within the NHRERP to compensate for the lack of participation by private citizens, such as teachers and health care workers, in the event of actual emergency at Seabrook.
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- 7. The State has no adequate means to compensate f or the lack of I
participation by Hampton officials in implementing the NHRERP.
- 8. No personnel, equipment or other resources f rom the Town of Hampton will be made available in the event of actual emergency at Seabrook and the State lacks adequate participation by the Town.
l SH AlNES & McE ACHERN - e=orasso.ac associato. **tonwes i