ML20206T206
| ML20206T206 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/10/1987 |
| From: | Lord W AMESBURY, MA |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#287-3180 OL, NUDOCS 8704230135 | |
| Download: ML20206T206 (9) | |
Text
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_3,w c Board of Selectmen Town Hall, Amesbury, MA 01913 7 NO 53 el.388-0290 T
UNITED STATES NUC
. REGULATORY: COMMISSION o
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In the matter of
) Li % Docket Nos.
50-443-OL
)
50-444-OL PUBLIC SERVICE COMPANY OF
)
NEW HAMPSHIRE, et al.
)
Offsite Emergency Planning
)
and Seabrook Station, Units 1 & 2.
)
Onsite Emergency Planning TOWN OF AMESBURY'S RESPONSE TO APPLICANTS' SUGGESTION OF MOOTNESS AND REQUEST FOR VACATION OF STAY.
In opposition to vacation of stay, the Town of Amesbury states:
1.
On April 8, 1987, the TOA was served Applicants' Suggestion of Mootness and Request for Vacation of Stay as well as Applicants' purported " utility plans" for the portion of the Seabrook EPZ located within the Commonwealth of Massachusetts. The Town of Amesbury is one of the six communities so located.
2.
The TOA immediately recognized the plans as the same drafts written by private consultants engaged by the Massachusetts Civil Defense Agency to aid in development of workable RERP's.
3.
During the period of time from November 18, 1985 through September 20, 1986, all six communities within the Massachusetts portion of the Seabrook EPZ, as well as the Governor of the Commonwealth rejected these plans as totally inadequate and unworkable. Each municipality and the Governor publically declared that plans would not be implemented.
The plans fail to meet the requirement of 10 CFR 50.33(g) for "... plans of State and local governmental entities...".
4.
The plans are not " utility" plans either. No mechanisms are 8704230135 870410 gd)
PDR ADOCK 05000443 G
e (2) employed to compensate for the non-participation of state and local governments 10 CFR 50.47(c) (1).
5.
Furthermore, the plans as submitted by the Applicants contain fraudulent information regarding the use of Merrimack College as an evacuation reception center. On February 6, 1987, Applicants were served a letter from the Reverend John E. Deegan, president of Merrimack College, which states emphatically thetthe College will not be part of any plans (exhibit A). Additionally, on January 6, 1987, Edward A. Brown, president of New llampshiro Yankee, wrote to the Reverend Deegan:
"...let me assure you that PSNIX is not responsible for preparing and has not prepared any emergency plans that indicate that Merrimack College is to serve as a reception center for students and other citizens."(emphasis added)
(exhibit B).
That letter was transmitted to all parties, including the lloyt Board on March 6, 1987 by Thomas G.
Dignan, Jr., Counsel for the Applicants (exhibit C).
It is abundantly clear that the Applicants, the Commission and all parties were well aware of Merrimack College's intentions.
6.
The conclusions and logic are quite simple. The six Mass. EPZ communities rejected these plans, therefore, these are not " local" plans (10 CFR 50.33(g)). The Governor of the Commonwealth, likewise has rejected these plans; again the plans do not qualify as " State" plans (10 CFR 50.33(g)). Thirdly, since the Applicants have stated that they
"...have not prepared any emergency plans that indicate that Merrimack College is to serve as a reception center...", the plans obviously are not " utility" plans. By their own actions and admissions, the Applicants have merely served the parties and the Commission 67 pounds of paper belonging to no one.
The suggestion of mootness of ALAB-853 holds no merit.
It is the opinion of the TOA that 10 CPR 50.33(g) requires that plans submitted must be
"...of State and local governmental entities".
Submission of
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I plans by the utility en behalf of a government is beyond the domain of the applicants' privileges. That authority is vested solely in the t
governor of a state under 44 CFR 350.
The Commission should continue the stay until such time as plans are L
certified for submission by the Governor of the Commonwealth of Massachusetts. The request fur vacation of sta should be denied, i
For th Tow
- Amesbury, m_
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William S. Lord j
Amesbury Board of Selectmen Town llall - Friend Street I
Amesbury, MA 01913 1
April 10, 1987 1
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I, William S. Lord, certify that the TOWN OF BURY 'S RESPONSE TO APPLICANTS' SUGGESTION OF MOOTNESS AND REQUES FOR VAC TION OF STAY has been served on the attached list of part'es, 13th p of a
April, 1987, by first-class mail.
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William [ Lord i
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WASHINGTON, D. C. 20665 g
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'4 FEB C 1987 Edward A. Thomas I'ederal Emergency Management Agency 442 J.W. McCormack (POCH)
Boston, P!A 02109 In the Matter of Public Fervice Company of New Hampshire, et al.
(Seabrook Station, Units 1 and 2)
Off-site Emergency Planning and Safety Issues Docket Nos. 50-443-OL and 50-444-OL
Dear Mr. Thomas:
Enclosed for your information is a copy of a letter from Rev. John E.
Deegan (President of Merrimack College) to R. J. Harrison (President, PSNH) dated December 16, 1986.
Sincerely, s
A c/A Sherwin E. Turk Senior Supervisory Trial Attorney cc:
Service List
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A h8errimack
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I947-1987
[d-pg,f office of the Freitdent Dec mber IG,198G 670104 Mr. R. J. liarrison President & Chief Executive Officer Public Service Company of New llampsidre P.O. Dox 330 l
Manchester, N.ll. 03105
Dear Mr. Ilarrison:
It has been brought to my attention that the Public Service Company of New Ilampshire, in preparing evacuation plans for the Seabrook Nucicar for students and other citizens affected by a nuclear disaster. p I write tids letter as a formal disclaimer.
agreed to be a Receiving Center in such a situation.Merrimack College has never Furthermore, the Governor of Massachusetts has indicated that the State will not be a party to the evacuation plans. The Governor has concluded that if a serious t,
accident occurs at Seabrook, the resultant conditions would create a situation which emergency planning and evacuation could not possibly protect.
the State of Massachusetts does not intend to submit emergency plans.
Since this institution certainly will not be a part of anyone else's plan.
Please desist in using the name of Merrimack College in any future publications outlining your emergency plan.
received plans that Morrimack College is not to be included in them.Als cxpect this to be done immediately and, if not, we will take legal actionI to see that it is done.
1 nm suie you understand that I cannot possibly be a part of a plan which the Governor has deemed unsatisfactory and in which this college has had no input.
Please cease and desist from any mention or use of Merrimack have in regard to your emergency plans.'Couege's name in any publ I look fogward to your prompt action in this matter.
Sincerely.
CC: Earl V. Brown, Esq.
0 General Counsel
,y
.'Deeg O.S.A.
Rev.
m Appropriate Officiais Pres ont i JED/m]
North Andc,ver, Massachusetts 01845 617-68 }7111
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Pubic SeMce of New HompeNre January 6, 1987 New Hampshire Yankee Division NHY #870008 Rev. John E. Deegan, O.S. A.
President Herrimack College North Andover, Massachusetts 01845 Daar Rev. Deegan:
I recently received your letter of December 16, 1986 to Mr. Robert J.
H2rrison of Public Service Company of New Hampshire (PSNH).
I will address the cencerns raised in your letter.
First, let me assure you that PSNH is not responsible for preparing and has not prepared any emergency plans that indicate that Merrimack College is to serve as c reception center for students and other citizens.
To the best of my knowledge, the caly document that refers to Merrimack College is a draf t te.lephone book advertise-pnt included in the June 1986 State of New Hampshire Civil Defense Agency submittal sf its plans. That advertisement was prepared based on the then current State of Massachusetts Civil Defense plans.
I know of no other State of New Hampshire docu-c2nts that have either been prepared or transmitted that refer to Merrimack College.
I have referred your letter to Mr. Richard Strome, Director of the New Hampshire Civil Defense Agency along with a request that he address your concerns.
Your letter refers to a lack of input by Merrimack College into the davelopment of emergency plans.
I have been told that the State of Massachusetts Civil Defense Agency (MCDA) plans for a response to a Seabrook Station emergency have included Merrimack College as a reception center since May 1984. Later plans prepared by MCDA also included Merrimack College.
I understand that meetings were held during January and February of 1986 between MCDA planners and Merrimack College officials to develop and review the College's role in the Andover host plan.
I would suggest that, if you have any questions or concerns regarding the State of Massachusetts plans, you write to Mr. Robert Boulay, Director of Massachusetts Civil Defense Agency.
Very truly yours, Edward A. Brown President t
.;AB:bes cc:
R. J. Harrison bec:
G. S. Thomas R. H. Strome T. l..
Harpster R. Boulay R. T. Winn A. M. Callendrello
WA 3
B$ff C ROPES & GRAY
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225 FRANKLIN STREET BOSTON, MASSACHUSETTS O2110 IN PRoviOENCE IN WASHINGTON 30 stENNEDY PLAZA TELEX NUMSCR 940519 ROPGRALOR SSN 100 TWENTV SECOND STREET, N w PROVIDENCE,R L C2903 f[LCANUMBER 951973 ROPES GRAY 8$N W AS HI NG TO N,0. C. 2 O O 3 7 (40s) 521-6400 TE LECOPIER$. (687) 423-2377 (617) 423 7841 1202; 429-1600 TELECOPIER (202) 429 6629 I C L E CO PIE R: 1401) 521 0910 sNTER NAflON AL t617) 423-6905 March 6, 1987 Administrative Judge Helen Hoyt, Chairperson, Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, DC 20555 Judge Gustave A.
Linenberger Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, DC 20555 Dr. Jerry Harbour Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, DC 20555 Re:
Public Service Company of New Hampshire, et al.
Docket Nos. 50-443-OL and 50-444-OL
Dear Adninistrative Judges:
Under date of February 6, 1987, the Staff circulated in this matter a letter from the Staff to Edward A.
Thomas of the Federal Emergency Management Agency which attached a letter from the Rev. John E. Deegan, O.S.A.,
President, Merrimack College, to Mr.
R.
J. Harrison, the President and Chief Executive Officer of Public Service Company of New Hampshire.
That letter concerned Merrimack's lack of desire to serve as a receiving center "for students and other citizens affected by a nuclear disaster."
In order that the record may be complete in this matter I enclose herewith a copy of the letter sent by Edward A.
e
~7'v4 ROPE s & GRAY
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Administrative Judge Helen Hoyt, March 6, 1987 Chairperson Brown, President of New Hampshire Yankee Division of Public Service Company of New Hampshire, to Father Deegan in reply to his letter-to Mr. Harrison.
Very truly yours,(
M ~~
NV Thomas G. Dignad, Jr.
Counsel for,the Applicants TGDJr/kdr.
0 Enclosure cc:
Service List h
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n
h Amesbury Board of Selectmen Town Hall, Amesbury, MA 01913 Tel. 388-0290 SERVICE LIST:
Sb CD Lando W. Zech, USNRC, Washington, DC 20555 James K. Asselstine 7
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Kenneth M. Carr Thomas M. Roberts h,
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4 Frederick M. Bernthal E
r Allan S. Rosenthal d4 3
Gary J. Edles d
Sheldon J. Wolfe Howard A. Wilber Gustave Linenberger Helen F. Hoyt Dr. Jerry Harbour ASLB ASLAB Docketing & Service Sherwin E. Turk Dr. Emmeth Luebke Paul McEachern, Matthew Brock, P.O. Box 360, Portsmouth, NH 03801 Senator Gordon Humphrey, U.S. Senate, Washington, DC 20510 Senator Gordon Humphrey, 1 Eagle Sq., Suite 507, Concord, NH 03301 Robert Carrigg, Board of Selectmen, No. Hampton, NH 03862 Diane Curran, Harmon & Weiss, 2001 S St., NW, Wahington, DC 20009 George Dana Bisbee, Office of the Attorney General, 25 Capitol St., Concord, NH 03301 Robert A. Backus, P.O. Box 516, Manchester, NH 03105 Philip Ahrens, Dept. of the Attorney General, Augusta, ME 04333 Sandra Gavutis, Board of Selectmen, RFD 1, Box 1154, Kensington, NH 03827 Thomas F. Powers III, 10 Front St., Exeter, NH 03833 H. Joseph Flynn, FEMA, 500 C St., SW, Washington, DC 20472 J.P. Nadeau, Selectmen's Office, 10 Central Rd., Rye, NH 03870 Carol S. Sneider, Office of the Attorney General, 1 Ashburton Place, Boston, MA 02108 Calvin A. Canney, 126 Daniel St., Portsmouth, NH 03801 Angie Machiros, Board of Selectmen, Newbury, MA 01951 Peter S. Matthews, City Hall, Newburyport, MA 01950 Brentwood Board of Selectmen, RFD Dalton Rd., Brentwood, NH 03833 Gary W. Holmes, 47 Winnacunnet Rd., Hampton, NH 03842 Edward Thomas, FEMA, 442 McCormack POCH, Boston, MA 02109 Michael Santasuosso, Board of Selectmen, So. Hampton, NH 03827 Charles P. Graham, 100 Main St., Amesbury, MA 01913 Jane Doughty, SAPL, 5 Market St., Portsmouth, NH 03801 Roberta C. Pevear, 27 Drinkwater Rd., Hampton Falls, NH 03844 Richard A. Hampe, 35 Pleasant St., Concord, NH 03301 Judith H. Mizner, 88 Broad St., Boston, MA 02110 Beverly Hollingworth, 209 Winnacunnet Rd., Hampton, NH 03842 M
Thomas Dignan, Ropes & Gray, 225 Franklin St., Boston, MA.110 David MacDonald, 670 Long John Rd., Rye, NH 03870
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- 1111am S. Grd April 13, 1987