ML20209F057
| ML20209F057 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/24/1987 |
| From: | Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3260 OL, NUDOCS 8704300187 | |
| Download: ML20209F057 (2) | |
Text
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M UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED
'J5NRC before the ATOMIC SAFETY AND LICENSING BOARD 87 APR 27 P2 :41
)
0FFICE OF $ithtTARY In the Matter of
)
00CKETg ERVICL
)
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
)
)
TOWN OF HAMPTON MC, TION TO PERMIT FURTHER ARGUMENT IN SUPPORT OF TOWN OF HAMPTON MOTION FOR
SUMMARY
DISPOSITION NOW COMES The Town of Hampton and requests this Board to con-sider the Town's further argument, as set forth herein, in support of TOWN OF HAMPTON MOTION FOR
SUMMARY
DISPOSITION dated March 25, 1987, previously filed with this Board.
In support of this motion, the Town of Hunpton states:
1.
On March 25, 1987, the Town of Hampton filed TOWN OF HAMPTON MOTION FOR
SUMMARY
DISPOSITION, TOWN OF HAMPTON MEMORANDUM IN SUPPORT OF MOTION FOR
SUMMARY
DISPOSITION, AND STATEMENT OF MATERIAL FACTS AS TO WHICH THE TOWN CONTENDS THERE IS NO GENUINE ISSUE TO BE HEARD.
2.
On April 10, 1987, in opposition to the TOWN OF HAMPTON MOTION FOR
SUMMARY
DISPOSITION, the Applicants' filed APPLICANTS' RESPONSE TO TOWN OF HAMPTON MOTION FOR
SUMMARY
DISPOSITION.
3.
Applicants' response is defective for failure to include a
" separate, short, and concise statement of the material facts as to which it is contended that there exists a genuine issue to be heard".
10CFR Section 2.749(a).
8704300187 870424 DR ADOCK 0500 3
l SHAtNES (= McEACHERN. PROFESSIONAL A5500ATON 2S MAPLEWOOD AVENUE P O GOx 360. PORTSMOUTH N M C M01 W
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2-4.
Pursuant to 2.749 (a):
All material facts set forth in the statement required to be l
served by the moving party will be deemed to be admitted unless controverted by the statement required be served by the opposing party.
Section 2.749(a).
- 5. As a matter of law, the Town of Hampton is entitled to summary disposition and to have those statements admitted that were previously set forth on STATEMENT OF MATERIAL FACTS AS TO WHICH THE TOWN CONTENDS THAT THERE IS NO GENUINE ISSUE TO BE HEARD.
See attached.
6.
Since Applicants' defective response was not filed until after the Town of Hampton's March 25, 1987, pleading, necessarily the Town could not address this issue at that time.
1 WHEREFORE, the Town of Hampton respectfully requests this Board to consider the Town of Hampton's further argument, and to grant the Town relief, as set forth herein.
Respectfully submitted, THE TOWN OF HAMPTON By Their Attorneys, SHAINES McEACHE '
Profe nal so iat' n Dated:
April 24, 1987 By:
sCee d/
Paul McEachern I
N%'
By:
Matthew T.
Brock SH AINES En McEACHERN. PRCFESSIONAL ASSOCIATuDN 29 MAPLEWOOD AVENUE P O BOX 360 PORT 5 MOUTH. N M. 0380s
d
(
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD i
)
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,
)
Planning Issues Units 1 and 2)
)
}
l
}
f STATEMENT OF MATERIAL FACTS AS TO WHICH THE TOWN CONTENDS THERE IS NO GENUINE ISSUE TO BE HEARD NOW COMES the TOWN OF HAMPTON, pursuant to 10 CFR Section 2.749 (a) and submits the following statement of undisputed facts:
1.
All duties assigned under the NHRERP Revision 2 are vol-
]
untary and no one is compelled to assume any' duty, or undertake any i
action, specified therein.
See Strome Affidavit.
2.
Neither the Applicant nor the State of New Hampshire have 1
obtained any Letters of Agreement, or provided other reasonable proof, that Hampton teachers will in fact carry out their duties to oversee protective actions for the Hampton students in the event of an emergency at Seabrook, i
3.
Neither the Applicant nor the State of New Hampshire have obtained any Letters of Agreement, or provided other reasonable proof, that Hampton health care workers will in fact carry out their m *jff
~
e 5HAINES en McEACHERN. anOFE55CNAL ASSOCIATON 25 MAPLEWOOD AVENUE. p O Box Sec. PORTSMOUTM. N M OMot
duties to oversee protective actions for special needs populations in the event of an emergency at Seabrook.
4.
Based upon several hundred discussions and interviews by Hampton teacher Herbert Moyer with other EPZ teachers, including teachers from the Town of Hampton, only two (2) teachers indicated a willingness to carry out their assigned duties to protect the student populations in accordance with the NHRERP procedures in the event of an actual emergency at Seabrook.
See Moyer Affidavit.
5.
The petition signed by numerous EPZ teachers expressly provides, and is further evidence, that EPZ teachers will not carry out their duties assigned under the NHRERP. See petition of EPZ teachers attached.
6.
The NHRERP Revision 2, including its compensatory plan, fails to provide for, or specifically identify, adequate personnel to substitute and compensate for any teachers who may decline to carry out their duties assigned under the NHRERP.
See NHRERP Revision 2 Volume 2 Appendix G.
Respectfully submitted, Town of Hampton By Its Attorneys
[
SHAINES McEACHERN, P.A. /
/
/
/
4d M j
y Paul McEachern
/
Dated:
March 2 7, 1987
%S E
Matthew T.
Brock 2
I SH AINES 6. McE ACHERN ps*0FESSON As ASSOCIATION 2S MapLEWOOD AVENUC # 0 Box 360. PORTSMOUTH N H 03801
]
k CERTIFICATE QE SERVICE I, Matthew T. Brock, one of the attorneys for the Town of Hampton herein, hereby certify that on April 24, 1987, I made service of the following document, TOWN OF HAMPTON MOTION TO PERMIT FURTHER ARGUMENT IN SUPPORT OF TOWN OF HAMPTON MOTION FOR
SUMMARY
DISPOSITION by depositing copies thereof with Express Mail, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to):
- Helen Hoyt, Esq., Chairman Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission 8%
ioj6 East West Towers Building 93 o
4350 East West Highway T'
g c=k Bethesda, MD 20814
$24 E
ES$
D
$;;l
- Judge Gustave A.
Linenberger, Jr.
Ef'gj; '$.
o Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission 8n g
East West Towers Building 43 50 East West Highway Bethesda, MD 20814
- Dr. Jerry Harbour Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission East West Towers Building
)
4350 East West Highway Bethesda, MD 20814
- Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- Docketing and Service U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 l
t ssamos a ucracwea. --..~....
.-~m
L Mrs. Anne E. Goodman Board of Selectmen 13-15 Newmarket Road Durham, NH 03 842 William S. Lord, Selectman Town Hall Friend Street Amesbury, MA 01913 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03 801 Rep. Roberta C. Pevear Drinkwater Road Hampton Falls, NH 03844
- Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station 6 Augusta, ME 04333
- Thomas G. Dignan, Esq.
R.K. Gad II, Esq.
Ropes & Gray 225 Franklin Street Boston, MA 02110 Robert A. Backus, Esq.
Backus, Meyer & Solomon 111 Lowell Street Manchester, NH 03105
- Sherwin E. Turk, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda, MD '20814 Mr. Angie Machiros, Chairman Board of Selectmen Newbury, MA 01950 2
SH AtNES & McEACHERN.==ortssova6 associato. awwvs
)
i H. Joseph Flynn, Esq.
Office of General Counsel Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C.
20472
- George Dana Bisbee, Esq.
Stephen E. Merrill, Esq.
Office of the Attorney General State House Annex Concord, NH 03301
- Carol S. Sneider, Esq.
Assistant Attorney General Department of the. Attorney General One Ashburton Place 19th Floor Boston, MA 02108 Stanley W. Knowles Board of Selectmen P.O. Box 710 North Hampton, NH 03862 J.P. Nadeau, Selectman Selectmen's Office 10 Central Road Rye, NH 03870 Richard E. Sullivan, Mayor City Hall Newburyport, MA 01950 Alfred V. Sargent, Chairman Board of Selectmen Town of Salisbury Salisbury, MA 01950 Senator Gordon J. Humphrey U.S. Senate Washington, D.C.
20510 (Attn:
Tom Burack)
Michael Santosuooso, Chairman Board of Selectmen Jewell Street RFD 2 South Hampton, NH 03 827 l
3 SH AtNES & MCE ACHERN
.=orssoc.as associam aneses I
Allen Lampert Civil Defense Director Town of Brentwood Exeter, NH 03833 Richard A. Hampe, Esq.
Hampe.and McNicholas 35 Pleasant Street Concord, NH 03301 Gary W. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 William Armstrong Civil Defense Director 10 Front Street Exeter, NH 03833 Calvin A. Canney City Manager City Hall 126 Daniel Street Portsmouth, NH 03 801
- Edward A.
Thomas Federal Emergency Management Agency j
442 J.W. McCormack (POCH)
Boston, MA 02109 a
i Sancra Gavutis Town of Kensington RFD 1, Box 1154 East Kensington, NH 03 827 Charles P. Graham, Esq.
McKay, Murphy & Graham 100 Main Street Amesbury, MA 01913
- Diane Curran, Esq.
Andrea C. Ferster, Esquire Harmon & Weiss Suite 430 2001 S Street, N.W.
Washington, D.C.
20009-1125 4
SH AINES & McEACHERN. poorsesen associate anoa=ses
Robert Carrigg, Chairman Board of Selectmen Town Office Atlantic Avenue North Hampton, NH 03862 Senator Gordon J. Humphrey One Eagle Square, Suite 507 Concord, NH 03301 (Attn: Herb Boynton)
Mr. Thomas H. Powers, III Town Manager Town of-Exeter 10 Front Street Exeter, NH 03833 Mr. Peter Matthews Mayor City Hall Newburyport, MA 01950 Brentwood Board of Selectmen RFD Dalton Road Brentwood, NH 03 833 Judith H. Mizner, Esquire Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad Street Boston, MA 02110 N
)
l MM Katthew T.
Brock ~
- Express Mail l
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5 SH AINES & McE ACHERN - e=oressea6 assoc vm anoe=ses
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