ML20211D034

Memorandum & Order (Ruling on Contentions - Rev 2 New Hampshire Radiological Emergency Response Plan).* Listed Contentions Admitted & Rejected.Hearing Dates Scheduled for 870601-05 & 0622-26 in Concord,Nh.Served on 870219

ML20211D034
Person / Time
Site:	Seabrook
Issue date:	02/18/1987
From:	Hoyt H Atomic Safety and Licensing Board Panel
To:	AMESBURY, MA, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PUBLIC SERVICE CO. OF NEW HAMPSHIRE, SEACOAST ANTI-POLLUTION LEAGUE
References
CON-#187-2539 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8702200305
Download: ML20211D034 (6)

Text

(53 9 y

UNITED STATES OF AMERICA fY NdCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '87 FEB 19 All :09 Before Administrative Judges:

Helen F. Hoyt, Chairperson b.

Gustate A. Linenberger, Jr.

Jerry Harbour SERVED FEB 191987 In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY ) (ASLBP No. 82-471-02-OL) 0FNEWHAMPSHIRE,etal. (Offsite Emergency Planning)

(Seabrook Station, Units 1 and 2) ) February 18, 1987 MEMORANDUM AND ORDER (Ruling on Contentions - Revision 2 New Hampshire Radiological Emergency Response Plan)

In a Memorandum and Order of this Board dated November 4,1986, Contentions addressing Revision 2 of the New Hampshire Radiological Emergency Response Plan ("NHRERP") were ordered filed by December 1, 1986. Contentions addressing Revision 2 of NHRERP were filed by Town of Amesbury ("T0A") Town of Kensington ("TOK"), Town of Hampton ("T0H"),

New England Coalition on Nuclear Pollution ("NECNP") and Seacoast Anti-PollutionLeague("SAPL"). The Board has considered all the pleadings filed by the named Intervenors, Applicants and Staff with respect to these contentions. We provide the parties with the results of the Board's consideration of the contentions and will follow shortly The with a Memorandum which will provide the basis for our rulings.

?oard will not accept any motion cencerning these rulings prior to the Memorandum explaining the bases of its rulings.

O30 0

.bS0Q

F p

2 The Board admits and rejects tne following contentions:

Admitted Rjected Town of Amesbury TOA #1

("TOA") T0A #?

(Nov. 28, 1986) T0A #3 T0A #4 TOA #5 T0A #6 T0A #7 T0A #8 Town of Kensington TOK Revised Contention 2 TOK 3

("TOK") (Limited to the means TOK 13 (Nov. 26, 1986) whereby Kensington will receive notification of an emergency).

TOK Revised Contention 4 TOK Revised Contention 6 TOK Revised Contention 10 (Limited to acceptance of equipment).

I Town of Hampton T0H revised Contention III Contentions I, "TOH") to Revision 2 - (Limited II, V, VII.

Nov. 19, 1986) only to basis expressed on (Previously Nov. 26, 1986) 10/31/86 and 11/19/86; rejected by Board does not permit T0H Board),

to " flesh out" issue upon conducting discovery on (T0H Second this or any other conten- Supplement in tion admitted). its entirety).

l

E 3

Admitted Rejected T0H revised Contention IV to Revision 2. (Limited to matters raised by NHRERP Revision 2. Board rejects bases concerning letters of agreement for implemen-tation of State's Compensa-tory Plan - bases (D)3 Compensatory Plan -

pages 22-23 of T0H Memo-ramdum 10/31/86 and bases (B) Emergency Exercises of T0H Memorandum 11/19/86.

T0H Revised Contention VI to Revision 2 (Except for Bases C at pages 26-27 of T0H Memorandum 10/31/86 which is rejected.

T0H Revised Contention VIII to Revision 2 (Limited to issues identified in Board Order 4/29/86).

New England Amendments to Contention NECNP Contention Coalition on RERP-8 (Limited to HP-1.

Nuclear Pollution restatement of bases A(a).

("NECNP") Bases B (d-f) at pages 7-13 Adoption of (Nov. 26, 1986) of NECNP Contentions HamptogConten-11/26/86 are rejected). tions Amendments to Contention NHLP-6 (Limited to specific examples provided by NECNP in basis items.

b-3).

I NECNP, however, is permitted to join in the Hanpton Contentions which will permit NECNP a reasonable opportunity to present testimony, cross-examine witnesses, file proposed findings and take an appeal from this Board's rulings on Hampton contentions which run to the Town of Hampton. (NECNP reply 12/31/86). TOH is designated as lead Intervenor for T0H sponsored contentions admitted for litigation in this proceeding.

[

4 Admitted Rejected i

1 (Board on 12/11/86 denied NECNP's Motion For Leave To File l Supplemental Contentions on Revision 2 of the NH State and Local j Radiological Emergency Response Plans dated December 10,1986).

Seacoast Anti- SApLRevisedContention Pollution League 31 (Limited to specific

("5APL") bases proffered and (Nov. 26, 1986) excepting bases 10 and 16 {'

at pages 13 and 16 respectively).

Reasserted SAPL Contention 7 (Limited in accordance with prior Board orders of 11/4/86 and 5/27./86).

Reasserted SAPL Contention 1 8 and SAPL Contention 8A.

Redrafted SAPL Contention 15 (Letters of agreement limited to the provider of services, not recipients and not required of individuals collectively supplying a labor force or activity).

Reasserted SAPL Contention 16.

SAPL Contention 18 (Limited to issues raised by Revision 2 and rejecting comparison between Revision 2 and earlier NHRERPs).

2 Board had not ruled on an earlier version of this contention. By admitting with limitations this revision of the contention, the Board need not consider further SAPL's previously filed contention of 5/15/86.

6 I

5 Admitted Rejected SAPL Contention 25 (Limited to specific bases and rejecting SAPL's attempt to reassert a previous identification issue already ruled on by Board order of 11/4/86).

SAPL Contention 33 SAPL Conten-tion 35.

SAPL Contention 34 SAPL Conten-SAPL Contention 37 tion 36.

(Limited to issues concerning availability of evacuation vehicles and drivers for persons requiring transport assistance and ability of transport vehicles to traverse EPZ to reach designated areas in an emergency).

i V

6 Establishing dates for hearings and location.

The Board provides the following information cn the first two weeks of hearings in order that the parties to this proceeding may make their arrangements. Additional hearing dates and location will be provided at a later date.

June 1 - 5, 1987 9:00 a.m. - 6:00 p.m. EDT June 22-26, 1987 9:00 a.m. - 6:00 p.m. EDT U.S. District Court 55 Pleasant Street Concord, NH 03301-1498 IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICEN NG BOARD I

?

~

N EL /

l HelenF'.Hoyt,Chaifpergn Administrative Judge l

Dated at Bethesda, Maryland this 18th day of February 1987.

t l

i L