ML20211D907
| ML20211D907 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/06/1986 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-535 OL, NUDOCS 8606130177 | |
| Download: ML20211D907 (4) | |
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5 Dated:
June 6, 1986 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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70 before the 22 /9gg ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues
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APPLICANTS' ANSWER IN SUPPORT OF THE STATE OF NEW HAMPSHIRE'S MOTION FOR
SUMMARY
DISPOSITION OF HAMPTON FALLS CONTENTION NO. 1 The Applicants respond to the State of New Hampshire's Motion for Summary Disposition of Hampton Falls Contention No. 1 and say for the reasons set forth below that the same should be allowed.
The Affidavit of Richard H.
Strome filed in support of the motion makes clear that in the event that the Town of Hampton Falls will not implement its emergency plan, the State of New Hampshire will implement the New Hampshire compensatory plan.
In light of this affidavit by the Civil Defense Director of the State of New Hampshire, the entire thrust of the Hampton Falls Contention No. 1 is blunted.
It might be argued that there presently exist deficiencies of 0
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j one kind of another in the compensatory plan and, therefore, the contention should survive a summary disposition motion.
However, such an argument ignores the fact that what is at issue here is whether the plans themselves are adequate and not the question of whether an exercise of the plans has been successfully run.
In short, what the State's motion underlines is that the Hampton Falls Contention No. 1 is in effect mooted by the existence of the state compensatory plan because execution by the officials of Hampton Falls of that portion of the state plan pertaining specifically to the town is not necessary any longer to provide the reasonable assurance that adequate measures will be taken.
In short, the state has adequately planned for the possibility that Hampton Falls officials will decide, even in the event of an accident threatening the safety of the citizens of that town, to refuse to assist their constituency by implementing the New Hampshire plan.
This being the case the issue should be disposed of as a matter of summary disposition.
Respectfully submitted, M
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c-Thomas W gnan, Jr.
R.
K.
Gad III i
Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for Applicants 2-r
1 CERTIFICATE OF_ SERVICE i
I, Thomas G. Dignan, Jr.,
one of the attorneys for the Applicants herein, hereby certify that on June 6, 1986, I J
made service of the within document by mailing copies thereof, postage prepaid, to Administrative Judge Helen Hoyt Stephen E. Merrill, Esquire i
Chairperson Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General i
U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Dr. Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Richard A. Hampe, Esquire Board of Selectmen Hampe and McNicholas Town Office 35 Pleasant Street Atlantic Avenue Concord, NH 03301 North Hampton, NH 03862 Diane Curran, Esquire Sherwin E. Turk, Esquire Harmon & Weiss Office of the Executive Legal Suite 430 Director 2001 S Street, N.W.
U.S. Nuclear Regulatory Washington, DC 20009 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Atomic Safety and Licensing Mr. Ed Thomas Board Panel FEMA, Region I U.S. Nuclear Regulatory 442 John W.
McCormack Post Commission Office and Court House Washington, DC 20555 Post Office Square Boston, MA 02109 i
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l Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Gary W.
Holmes, Esquire Mr. Peter J. Matthews Holmes & Ells Mayor 47 Winnacunnet Road City Hall Hampton, NH 03841 Newburyport, MA 01950 i
Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr.
J.
P. Nadeau 1 Pillsbury Street Selectmen's Office Concord, NH 03301 10 Central Road (Attn:
Herb Boynton)
Rye, NH 03870 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 H.
Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Judith H. Mizner, Esquire Washington, DC 20472 Silvergate, Gertner, Baker Fine, Good & Mizner Philip Ahrens, Esquire 88 Broad Street Assistant Attorney General Boston, MA 02110 Department of the Attorney General Augusta, ME 04333 xY-Thomhs G.
an, Jr.