ML20209H394

Seacoast Anti-Pollution League First Supplemental Brief in Opposition to Applicant Petition Under 10CFR2.758 & 10CFR50.47(c) for Reduction in Size of Seabrook Station Plume Exposure Epz.* Certificate of Svc Encl

ML20209H394
Person / Time
Site:	Seabrook
Issue date:	01/29/1987
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
References
CON-#187-2398 OL, NUDOCS 8702060042
Download: ML20209H394 (4)

Text

q 5 77 GOLMETED Filed: January 29, 19 87W<C

'87 FEB -3 P3 :30 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION gru, ,

DOCKE~i% i ny BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD Whu!

In the matter of:

PUBLIC SERVICE COMPANY OF Docket No. 50-443 OL g9'/-6(,

NEW liAMPSHIRE, ET AL (Seabrook Station, Unit 1) Offsite Emergency Planning

& Safety Issues Seacoast Anti-Pollution League's First Supplemental Brief in Opposition to Applicant's Petition Under 10 CFR 0 2.758 and 10 CFR 0 50.47(c)

For Reduction in the Size of the Seabrook Station Plume Exposure EPZ Under Date of January 27, SAPL filed its Brief in Opposition 4 to the Applicants' Pet it ion to Reduce the Size of the Seabrook Stat ion Plume Exposure Emergency Planning Zone. SAPL was unable to complete briefing all the arguments it desired to present by the Board's deadline date, and herewith offers its first Supplemental Brief in Opposition to the Applicants' Petition and Supporting Memorandum.

10 CFR 50.47(c)(1) Does Not Provide a Bas is For the Relief Sought by the Applicants.

Section 50.47(c)(1) does not authorize the relief which hk O

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o-Applicants desire. That section provides as follows:

Failure to meet the applicable standards set forth in Paragraph b of this section may result in the Commission declining to issue an operating license; however, the Applicant will have an opportunity to demonstrate to the satisfaction of the Commission that deficiencies in the plans are not significant for the plant in question, that adequate interim compensat ing actions have or will be taken promptly, or that there are other compelling reasons to permit plant operation.

By its own terms, this section is available only to compensate for a failure on the part of an Applicant to meet the 16 planning standards set forth in i 50.47(b). Resort to this section cannot replace the mandatory requirements of 4 50.47(a). That section provides, in subsection 1:

"Except as provided in Paragraph d of this section, no operating iicense for a nuclear power reactor will be issued unless a finding is made by NRC that there is reasonable assurance that adequate protect ive measures can and will be taken in the event of a radiological emergency."

Subsection 2 further states:

"The NRC will base its finding on a review of the Federal Emergency Management Agency [ FEMA] findings and determinations as to whether state and local emergency plans are adequate and whether there is reasonable assurance that they can be implemented...."

Thus, 0 50.47(a)(2) requires that there be " state and local emergency plans" and 0 50.47(c)(1) by its own terms, has no application to 0 50.47(a). As a result, Applicants' resort to 0 50.47(c)(1) as providing a possible basis for their failure to provide emergency plans for the 6 Massachusetts communitles is simpiy wholly without basis, and must be dismissed as a matter of law.

In addi t ion, t he r equ i r ement f or a " Plume Exposure EP7 of about 10 miles (16 km) in radius" is found, not in 0 50.47(b), but in

-Q 50.47(c)(2). Therefore, the language in i 50.47(c)(1) offering an ability to compensate for a failure to meet the requirements of Paragraph b, the 16 planning standards, is likewise unavailable to support the reduction in the Emergency Planning Zone sought by the Applicants, since the requirement for a Plume Exposure Emergency Planning Zono o f "about 10 miles" is found not in 's 5 0.47( b), but in 0 50.47(c)(2).

Accordingly, on its face, the Applicants' request for relief under 0 50.47(c)(1) fails as a matter of law, and the Applicants '

Petition should be dismissed.

Respectfully submitted, Seacoast Anti-Pollution League By its attorney,

.BACKUS ,,NIEYER & SOLOT10N

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,~ + n w w g w fs w Robert A. Backus P. O. Box 516 116 Lowell Street Manchester, N.H. 03105 Tel: (603) 668-7272 DATE: January 29, 1987 I hereby certify that a copy of the within Supplement to SAPL's Brief in Oppos i t ion to Applicants' Pet i t ion Under 10 CFR 92.758 and 10 CFR 650.47(c)

For Reduction in the Size of the Seabrook Station Plume Exposure Pathway l

EPZ has been sent this date, first clas4 gp ostage prepaid, to all parties on the attached service list, w#j 8 / /

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. Robert A. Backus l

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CERTIFICATE OF SERVICE AND SERVICE LIST COV.E T U UNC Jose Asst.Gn.Cnsl. Helen Hoyt. Chm.

• Thomas Dignan,'Esq.*

Fed. ph Flynndgmt.

Emerg, Agcy. Admn. Judge llopes & Gray 500 C.St. So. West Atomic Safety & Lic Brd. 206 firBttr911h3 !90.

Washington, DC 20472 USNRC Boston, MA 02110 Washington, DC 20555 gf n f . , ,,

BOCXE% 4 iMg Office of Selectmen Dr. Jerry Harbour'* DockeWr@ & Serv. Sec.

• Town of Hampton Falls Admin. Judge Office of the Secretary Hampton Falls, NH 03844 Atomic Safety & Lic Brd. USNRC

.USNRC Washington, DC 20555 Washington, DC 20555 Shenvin E. Turl:, Esq.

Office of Exec. Legl. Dr.

Gustov K. Linapberger* Jane Doughty Admin Judge SAPL USNRC Atomic Safety & Lic. Brd. 5 Market Street Wahsington, DC -20555 USNRC Portsmouth, NH 03801 Washington, DC 20555 Phillip Ahrens, Esq. Paul McEachern, Esq. George Dana Bisbee, Esq.

Asst. Atty. General . Matthew Brock, Esq. Attorney General's OFF.

State House, Sta. #6 25 Maplewood Ave. State of New Hampshire Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portsnouth, NH 03801 Carol Sneider, Esq., Asst.AG Diane Curran, Esq. William S. Iord One Ashburton Place, lIarmon, Weiss Board of Selectnen 19th Floor 20001 S Street NW Suite 430 Town Hall-Friend St.

Bostca, MA 02108 Washington, DC 20009 Amesbury, MA 01913 Richard A. Hampe, Esq. Maynard Young, Chairman Sandra Gauvutis New Hampshire Civil % ense Board of Selectmen Town of Kingston Agency 10 Central Road Box 1154 Hampe & McNicholas Hye, MI 03870 East Kensington, h11 03827 35 Pleasant St Concord, NI 0$301 Judith H. Mizner, Esq. Edward Thomas Mr. Robert Harrison Silverglate, Gertner, FEMA Pres, & Chief Exec. Officer Baker, Fine, Good & Mizner 442 J.W. McConnack (POGI) PSOO

.88 Broad Street Boston, MA 02109 P.O. Box 330 Boston,In 02110 Manchester, NH 03105 Poberta Pevear State Rep.-Town of Hampt Falls Drinkwater Road Hanpton Falls, hil 03844 s