ML20211L548
| ML20211L548 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/10/1986 |
| From: | Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1871 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8612160081 | |
| Download: ML20211L548 (7) | |
Text
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-UNITED STATES OF AMERICA COCMETED NUCLEAR REGULATORY COMMISSION USNRC ATOMIC SAFETY AND LICENSING BOARD
'86 DEC 12 A10:57 Before Administrative Judges:
Helen F. Hoyt, Chairperson GFFtf < >
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Emmeth A. Luebke 00CdEit;.. > e Jerry Harbour
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In the Matter of Docket Nos. 50-443-OL 50-444-OL PUBLIC SERVICE COMPANY (ASLBP No. 82-471-02-OL)
OF NEW HAMPSHIRE, et al.
(Offsite Emergency Planning)
(Seabrook Station, Units 1 and 2)
December 10, 1986 TOWN OF HAMPTON OBJECTION AND MOTION FOR RECONSIDERATION OF DECEMBER 4, 1986 ORDER Now comes the Town of Hampton and objects to, and requests this Board to reconsider and amend, its Order of December 4, 1986.
la support of this Motion, the Town of Hampton states:
1.
By Order dated December 4, 1986, this Board stated:
4 The Board urges the towns within the Seabrook EPZ i
to identify any remaining resource needs for the NHCDA since a failure to do so would impact on this Board's determination of whether a town's I
resource needs questioned through a contention are genuine or not.
12/4/86 Order, p.2, note 1.
2.
The Town of Hampton objects to this Board's Order to the extent it attempts to unlawfully shift the burden for emergency planning onto EPZ towns.
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3.
The Town of Hampton objects to this Board's Order to the extent it compels EPZ Towns, under tl.reat of prejudice in this l
l proceeding, to cooperate with the NHCDA "to identify any remaining resource needs" to carry out the NHRERP.
The NHCDA has never reciprocated in this cooperation in the preparation of the Hampton RERP, has thereby violated State law and NUREG guidelines, and has imposed an RERP on Hampton officials, compelling their participation, without their consent.
See Contentions I and II, CONTENTIONS OF THE TOWN OF HAMPTON TO RADIOLOGICAL EMERGENCY RESPONSE PLAN FOR THE TOWN OF HAMPTON, NEW HAMPSHIRE, NOVEMBER, 1985.
This Board, however, has repeatedly rejected these Contentions as raising issues on the
" planning process" which are, according to this Board, irrelevant to this proceeding.
I We, (ASLB) need not and, indeed will not, be drawn into disputes between local and state governments as to how plans were developed we cannot force cooperation among governments where it does not exist either willingly or as negative by design.
ASLB MEMORANDUM AND ORDER, APRIL 29, 1986 at p. 2.
By its December 4, 1986 Order, however, this Board has now directed EPZ towns to cooperate with the NHCDA as part of the planning process for the NHRERP, or risk prejudice that "a town's resource needs questioned through a contention" may not be considered " genuine" by this Board.
The Town of Hampton respectfully suggests that this position is wholly inconsistent with this Board's prior ruling, This 2
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i Board should not now " urge" EPZ towns to cooperate with the NHCDA when the Town of Hampton has consistently been denied the opportunity to litigate similar issues raised against the NHCDA, and this Board's Order should be amended accordingly.
Respectfully submitted SHAINES & McEACHERN Attorne or the Town of Hampton By
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' Paul hcEachern
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Matthew T.
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i COLKETEF UNITED STATES OF AMERICA
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- C NUCLEAR REGULATORY COMMISSION
'E6 DEC 12 A10:58 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD C F F d.1..
In the matter of 00Ce
,tc PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et al.
50-444 OL (Seabrook Station, Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of TOWN OF HAMPTON OBJECTION AND MOTION FOR RECONSIDERATION OF DECEMBER 4, 1986 ORDER in the above-captioned proceeding have been served on the following by deposit in the United States mail, or as otherwise indicated, on this 10th day of December, 1986.
Helen Hoyt, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building Fourth 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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.I Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing a,nd Service U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mrs. Anne E. Goodman Board of Selectmen 13-15 Newmarket Road Durham, NH 03842 William S. Lord, Selectman Town Ball Friend Street Amesbury, MA 01913 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 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 Robert G. Perlis, 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 2
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1 Mr. Angie Machiros, Chairman Board of Selectmen Newbury, MA 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, 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 03826 J.P. Nadeau, Selectman Tcwn of Rye 155 Washington Road Rye, NH 03870 Richard E. Sullivan, Mayor City Hall Newburyport, 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)
Michael Santosuosso, Chairman Board of Selectmen Jewell Street RFD 2 South Hampton, NH 03842 l
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Allen Lampert Civil Defense Director Town of Brentwood Exeter, NH 03833 l Richard A. Ham:, 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 03801 l Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)
Boston, MA 02109 Sandra Gavutis Town of Kensington RFD 1, Box 1154 East Kensington, NH 03827 Charles P. Graham, Esq.
McKay, Murphy & Graham 100 Main Street Amesbury, MA 01913 Diane Curran, Esq.
Harmon & Weiss 2001 S Street N.W.
Suite 430 Washington, D.C.
20009-1125 x
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Matthew T. Brock 4
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