ML20211K351
| ML20211K351 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/13/1986 |
| From: | Brock M HAMPTON, NH, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1507 OL, NUDOCS 8611170136 | |
| Download: ML20211K351 (13) | |
Text
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/ 509 UNITED STATES OF A!iERICA Dyh[0 I;UCLEAR REGULATORY CO IMISSIOI:
i BEFORE THE ATOf!IC SAFFTY Af?D LICENSIIIG BOARD
'86 NOV 14 P2 :16 In the matter of l
PUBLIC SERVICE COliPANY OF Docket No. 50-443 dO NEW HAMPSHIRE, et al.
50-444 OL Seabrook Station, Units 1 and 2 l
TOWN OF IIAMPTON l'OTION FOR CLARIPIC71 TION AND FOR RECONSIDERATION I.
Nou comes the Toun of Hampton, and requests thic Board to clarify, reconsider and amend its !!EtiORA?'DUM AND OR' inn dated Novenbe:
4, 1986, to pernit participantc to file contentions on all incues raised by Revicion 2 of 1:HRERP, including matterc initially contained in Revision 1, and incorporated int.o Revision 2, and natters raised by FEMA or RAC comments, infra, whether or not these issuec constitute l
"neu matters solely contained in Revicion 2."
In support of thic
!!otion, the Town of Hampton statec:
1.
By MEMORANDUM AND ORDER dated November 4, 1906, this Board stated, "The Board emphacices that any late-filed contentions nunt. be based upon the new matters solely contained in Revision 2 of NHRERP.
MEf10RANDUM AND ORDER at page 37, note 10 (emphasis Licencing Board).
. There is no de novo revieu of the NH plan necessary.
The parties have had considerable time to establish their concerns as the NHRERP has developed."
Id at p. 39.
2.
To the extent this Board's order is intended to bar consideration of contentions based upon matters incorporated into 8611170136 861113 PDR ADOCK 05000443 O
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i Revision 2, although initially contained in Revision 1; or to bar l
consideration of contentions based upon FEf1A, Fina! Exercise i
i Annensnent, 6/2/86 or New Hamnshire Response Actions to RAC Revieu, i
August, 1986, if these incues are not addressed by Revision 2, the Order denies participants a fair opportunity for a hearing on all issues material to the operating license, Atomic Enercy Act of 1954, S189(a), as amended, 42 USC 92239(a), since:
1 A.
As of June, 1986, the State of New Hampshire no longer had an " operative" UHRERP.
See Uption by the Federal Energency Acency for continuation of Hea d no on Emeroencv Plan and C5qni_entions, filed 6/30/06.
B.
Participants to thir proceeding did not receive a new
" operative" UURERP until service of Revision 2 on September 9, j
1986.
See letter of Richard H. Strome, Civil Defense Director, t
to Henry G. Vickers, Regional Director, FEr1A, 6/3/86, attached hereto.
C.
Although participants to this proceeding were served with Revision 1 on or about June 9, 1986, the State of New Hampshire had already advised participants and this Board that Revision 1 would Dot constitute the operative UHRERP, and that the forthcoming Revision 2 vould substantially amend and supersede Revision 1.
See Strome letter, supra.
Accordingly, until receipt of Revision 2, the participants lacked " sufficient information" to determine what portion of Revision 1 would be I
i 2
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- incorported into Revision 2, as the operative NURERP, End lacked i
" sufficient information" to file relevant contentions thereon.
Edison Company (Braidwood Station, Units 1 & 2, CLI-86-08, 23 NRC__
4/24/86.
D.
To deny participants a right to file contentions on issues raised by Revision 2, although initially contained in Revision 1, unreasonably suggests that participants were required to speculate on the extent to which Revision 1 vould be superseded by Revision 2, and to have expended substantial resources filing contentions on issues likely rendered moot by Revision 2.
By denying participants the right to file such contentions, this Board additionally would reward the Stzto for its own protracted delay in providing participants with a substantially complete, i
l and "operari'e," UHRERP.
See Brniduood cupic at pp.
3-4.
v I
i E.
Similarly, the extent to uhich the State failed to properly address the deficiencies noted by FEMA or RAC in the NHRERP could not be determined until participants received Revision 2, which was purportedly designed to address these concerns.
Egg Strome letter, supra.
II.
The Toun of Hampton further requests this Board to clarify its
[1EILORDANDUM AND ORDER to advise participants specifically of the contents of the " monthly status report" to be filed by each participant, MEMORANDUM AND ORDER, at p. 40, and further to clarify the effect of the " negative report" referenced by the Board, for 3
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failure to timely file a status report.
11Ef10RANDUI! A!!D ORDER, at p.
41.1 Dated:
November 13, 1986 Respectfully submitted, SHICIIES L 11cEACliER!!
ATTORMEYS FOR THE TO!HI OF HA!!PTON
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D By:
!!atthew T.
Droch 1
In order to comply with this Board's deadline of !!ovember 15 for filing the initial status report, the Town of Hampton has enclosed its status report with this filing.
If this status report fails to comply with the intent of the Board's Order, the Town of Hampton seeks further guidance from the Board in this regard.
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JAMt3A saCGICTES coo ur o.,,cuo, June 3, 1986 Mr. Henry G. Vickers, Regional Director Federal Emergency Management Agency Region I J.K. McCormack Post Office and Courthouse Boston, Massachusetts 02109
Dear Mr. Vickers:
We are pleased to inform you that New Hampshire Civil Defense Agency has completed Revision 1 to the New Hampshire Radiological Emergency Response Plan (fHRT_R?) package. We are in the process of distriouting the Revision 1 changes to the holders of controlled copies of the plan and to other key people and agercies.
The next step in the process includes developing a work plan for compiling Revision 2_ to the New Hamoshire Radiological Emergency Rmnnnea Plan. It is our intent that the work plan w111 outilne cnangei to be made in response to the RAC review, to the FDM exercise report, to observations noted in contentions offered by intervenors to the ASLB hearings process, and to changes suggested by various members of New Hampshire emergency response organizations. It is our intent to have the work plan completed by July 1, 1986 with Revision 2 to follow. oroba51v in n-tnhan 1986. We have arranged specifically to have the work plan available well in advance of the scheduled Atomic Safety Licensing Board (ASLB) Hearings so that FDM and all other interested parties will see what work is being undertaken to respond to comments outlined in the various reports cited above.
It is essential that we meet not later than mid,line to expedite preparation of the work plan. In such a working level meeting, we would expect to outline the plan changes we anticipate in response to each cornent.
We would expect, in return, to receive some expression of concurrence that the pnposed changes would be responsive to the RAC or exercise comment. In addition, for several corments, some dialogue is required before we can respond formally to the RAC. There are several coments that we do not understand, or for which the nature of the required improvement is not clear to us. Discussion with the authors of the corments would be most helpful in these cases. Could you please provide us with a firm date for tnese discussions to take place.
Emergency Management for New Hampshire
Mr. Henry G. Vickers, Regional Director Page Two J W 3, 1986 Thank you for your assistance in this r.atter.
Sincerely,
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nichard H. Strome Director RMS/sj 3457=
1
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO!!
3EFORE THE ATOIIIC SAFETY AND LICENSING BOARD In the matter of PUBLIC SERVICE CO!!PANY OF Docket No. 50-443 OL IIEW HA!!PSHIRE, et al 50-444-OL Seabrook Station, Units 1 and 2 TOWII OF HAf1PTOIl 10!!THLY STATUS REPORT NOU COI1ES the Town of Hampton, pursuant to this Board's
- 1EMORAMDUM AMD ORDER dated November 4, 1986, and submits a monthly status report as follows:
1.
The Town of Hampton previously filed lEMORANDU!1 ON 10 CPR 11J14 (a ) ( 1) AIID REVISED COtiTEtiTION III OF THE TOUN OF HA!!PTOt! "'O l
EVACUATION TIllE ESTIllATE REPORT BY KLD ASSOCIATES, I!iC. dated : lay 23, I
l 1986.
This Board has not yet ruled on the admissibility of this I
contention.
l 2.
The Town of Hamoton additionally filed 33MORANDU:10:L10 CPR 12.714(a)(1) AND CQliTENTIOMS OF THE TOUN OF HAIIPTON TO MI"7 HA:!PSHIRC RADIOLOGICAL ElERGENCY RESPONSE PLAN REVISION 2 dated October 31, 1986.
These contentions are still pending before this Board.
3.
With this status report, the Town of Hampton is filing TQi!E OF HAI1PJON MOTIO?! FOR CLARIFICATIOt! AND FOR RECONSIDERATION with respect to this Board's IIEMORANDUM AND ORDER dated November 4, 1986.
4.
The Toun of Hampton intends to file a SUPPLEI1EMT TO
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I1E:lORAtIDUrl 017 10 CFR 32.714 (a) (1) AtID COtCE::TIO!IS OF TIIE TOUI! OF JJNIPTOtl TO 11EU IIA!1PSIIIRE RADIOLOGICAL E!!ERGEtICY RESPONSE PLAIT REVISIO:!
2 dated October 31, 1986 wherein the Town identifies tuo experts it intends to call to licencing hearings before this Board.
Dated:
IIovember 13, 1985 Respectfully submitted SIIAIITES & !!cEACHERt!
Attorneys for the Toun of Hampton
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By
!!atthew T.
Brock I
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UNITED STATES OF Af; ERICA D0}f;,if NUCLEAR REGULATORY CO!'!:ISSIO::
BEFORE THE ATOMIC SAFETY At'D LICENSING BOARD '86 NOV 14 P2 :16 I
In the matter of l
CFfY UC PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et al.
50-444 OL
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n (Seabrook Station, Units 1 and 2)
CERTIFICATE OF SERVICI I hereby certif y that copies of TOUP OF HA!DTON MOTIO'? FOR CLARIPTCATION AND POR RECONSIDERATION and TOMI! OF HPIPTOI? MONTHLY STATUS REPORT in the above-captioned proceeding have been served on the following by deposit in the United States mail, or as otheruise indicated, on this 13th day of november, 1986.
- Helen Hoyt, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission East West Tovers Building Pourth Floor 4350 East West Highway Bethesda, MD 20814
- Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- Dr. Emmeth A. Luebke Administrative Judge Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 l
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- Atomic Safety and Licensing Appeal l
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Nuclear Regulatory Commission t
l Washington, D.C. 20555 U.S.
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- Docketing and Service U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mrs. Anne E. Goodman
'c Board of Selectmen 13-15 Ucwmarket Road Durham, NH 03842 Uilliam S. Lord, Selectman Toun Hall Friend Street Amesbury, tiA 01913 Jane Doughty Seacoast Anti-Pollution League 5 Market Street f,Portsmouth,UH 03801 t
Rep. Roberta C. Pevear Drinkwater Road l
03044 i
Hampton Falls, UH i
Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station 6 Augusta, ME 04333
- Thomas G. Dignan, Esq.
R.R. Gad II, Esq.
Ropes & Gray 225 Franklin Street Boston, 11A 02110 Robert A. Backus, Esq.
Backus, Meyer & Solomon 111 Lowell Street Manchester, NH 03105
- Robert G. Perlin, Esq.
Sherwin E. Turk, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda MD 20814 rssc%atassoce* v S SA ADRIG AN & McEACHERN -
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!!r. Angie flachiros, Chairman i
Board of Selectmen Newbury, !!A 01950'
- H. Joseph Flynn, Esq.
Office of General Counsel Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C.
20472
- George Dana Bisbee, Eq.
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, IIA 02108 Stanley h Knowles Board of Selectmen P.O. Bon 710 North Hampton, NH 03826 J.P. Nadeau, Selectman Town of Rye 155 Washington Road Rye, NH 03870 Richard E. Sullivan, 11ayor City Hall Neuburyport, MA 01950 Alfred V. Sargent, Chairman Board of Selectmen Town of Salisbury, MA 01950 Senator Gordon J. Humphrey U.S. Senate Washington, D.C.
20510 (Attn. Tom Burack) 11ichael Santosuosso, Chairman Board of Selectmen Jewell Street RFD 2 South Hampton, NH 03842 SH AINES M ADRIG AN & McE ACHERN - Poortssechat assocea'soA 2s warttwooo AvtNot - Po son 3eo PonTsuouTM *** o3nrw
e O-i Allen Lampert Civil Defense Director Town of Brentwood Exeter, 111; 03833
- Richard A. Hampe, Esq.
Ilampe and !!ctlicholas 35 Pleasant Street Concord, NII 03301 Gary W.
IIolmes, Esq.
IIolmes & Ellis 47 Winnacunnet road Ilampton, 1111 03842 William Armstrong Civil Defense Director 10 Front Street Exeter, IIII 03833 Calvin A. Canney City !!anager City IIall 126 Daniel Street Po r tsmouth, 1111 03801
- Edward A. Thomas Federal Emergency Management Agenpy 442 J.W. ItcCormack (POCII)
Boston, IIA 02109 Sandra Gavutis Town of Kensington RFD 1, Box 1154 East Kensington, til!
03827 Charles P. Graham, Esq.
ficKay, !!urphy & Graham 100 Main Street Amesbury, MA 01913 SH AINES M ADRIGAN & Mc E ACHERN - PecstssoNat associarch 29 MAPtf' WOOD AVENut
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Diane Curran, Esq.
Ilarmon & Heics 2001 S Street I.U.
Suite 430 i
Nachington, D.C.
20009-1125 1
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