ML20212C351

Response of Fx Bellotti to Applicants Answers to Town of Amesbury Contentions 7 & 8 & Seacoast Anti-Pollution League Contention 36 on Rev 2 to State of Nh Radiological Emergency Response Plan.W/Certificate of Svc

ML20212C351
Person / Time
Site:	Seabrook
Issue date:	12/26/1986
From:	Bronstein D, Sneider C MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-2014 OL, NUDOCS 8612300156
Download: ML20212C351 (8)

Text

p

.c t-UNITED STATES OF AMERICA 30LKETED

';SNRC NUCLEAR REGULATORY COMMISSION Before Administrative Judges: '86 DEC 29 P5 :14 Helen F. Hoyt, Chairperson Emmeth A. Luebke 0FFF U R a-Jerry Harbour 00 Chi, N a, t M/:

FM H@

)

In the Matter of )

)

PUBLIC SERVICE COMPANY.0F NEW ) Docket Nos.

HAMPSHIRE, ET AL. ) 50-443/444-OL (Seabrook Station, Units 1 and 2) ) (Off-Site EP)

-) December 26, 1986

)

RESPONSE OF ATTORNEY GENERAL FRANCIS X. BELLOTTI TO APPLICANTS' ANSWERS TO TOWN OF AMESBURY'S CONTENTIONS NOS. 7 AND 8 AND SEACOAST ANTI-POLLUTION LEAGUE'S CONTENTION NO. 36 ON REVISION 2 OF THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLAN Attorney General Francis X. Bellotti hereby files his response to Applicants' Answers to Town of Amesbury's (TOA)

Contentions Nos. 7 and 8 and Seacoast Anti-Pollution League's (SAPL) Contention No. 36 on Revision 2 of the New Hampshire Radiological Emergency Response Plan. Both TOA and SAPL raise as basis for those respective contentions, in essence, the fact that Revision 2 of the New Hampshire plan, including the evacuation time estimate report set forth in Volume 6 of NHRERP Rev. 2, relies in part upon response actions to be taken by the Salisbury Police and other personnel of the Commonwealth of Massachusetts which cannot be counted on in light of the i

3 g 23h 0N So G

C503

h Commonwealth's refusal to participate in emergency planning.

Applicants filed Answers to those contentions asserting that the respective contentions should not be admitted for hearing because they do not raise litigable issues in light of the Commission's decision in Long Island Lighting Co. (Shoreham Nuclear Power Station), CLI-86-13, 24 NRC- (July 24, 1986).1! Attorney General Bellotti hereby responds to Applicants' argument that no litigable issue is raised by such contentions.

Contrary to Applicants' assertion, the contentions do indeed raise factual issues concerning participation by Massachusetts personnel which can only be decided through adjudication. The Commonwealth and the Massachusetts communities within the EPZ have clearly stated that they do not intend to participate in emergency planning. Unlike the Shoreham case, see id, at footnotes 2 and 8, there is no evidence in the record on which to base any finding that, in the event of an emergency, the Commonwealth or local communities would in fact implement an emergency plan. Indeed, 1/ The NRC Staff took the position that TOA's contentions Nos. 7 and 8 "would normally be admissable for litigation" but felt that such contentions should instead be litigated in conjunction with any emergency response plans for the Massachusetts portion of the EPZ that may in the future be submitted. NRC Staff Response at pp. 5-6. The36.Staff did not Id. at p. 19.

oppose the admission of SAPL's contention No.

f t-unlike in the Shoreham case, there is currently no emergency response plan for the area of the'EPZ within Massachusetts.

Thus, one cannot assume any degree of participation by Massachusetts personnel. It is even more unwarranted to assume the participation by Massachusetts personnel in accordance with the particular requirements of the response plan at issue in this proceeding -- a plan which does not even purport to  ;

concern Massachusetts but, rather, the State of New Hampshire.

"his is a factual issue which can only be resolved after C

discovery and hearing.

Even if one could assume, as suggested by the Applicants, that Massachusetts state and local officials would use their best efforts to respond in the event of an actual emergency, there is no evidence in this record to support the Applicants' apparent assumption that such response would be adequate and in accordance with the New Hampshire plans. There is no reason to assume, for example, that the necessary officials and personnel are even familiar with the New Hampshire RERP, that they would know what to do in the event of an emergency, that they could respond in a timely and effective manner given their lack of training, or that the appropriate equipment would be in place to implement the stated response actions. These are factual issues which require adjudication and which the Commission in the Shoreham case determined needed to be decided by the

we k;

I I Licensing Board before it could make any finding as to the adequacy of the utility's compensatory plan. The Applicanta  !

and the Board cannot therefore merely presume that all Massachusetts personnel relied on in the New Hampshire RERP will respond as planned.

Respectfully submitted, FRANCIS X. BELLOTTI By: G rI - . ft. ({: / (-

Carol S. Sneider [

Assistant Attorney General

.~. , i,/ / m _M-c . - , Ot-Donald S. Bronstein Assistant Attorney General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 (617) 727-2265 Dated: December 26, 1986 i

- 4-

[

'i h

a

. UNITED STATES OF AMERICA D2XEIEF T' '"

NUCLEAR REGULATORY COMMISSION

'26 DEC 29 PS :14

)

In the Matter of ) 0 Fin

) 00CM h; s

• PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL. )

(Seabrook Station, Units 1 and 2) )

)

)

CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on December 26, 1986 I made service of the within documents by mailing copies thereof, postage prepaid, by first class mai.1, or as indicated by an asterisk by express mail, to:

• Helen Hoyt, Chairperson *Dr. Emmeth A. Luebke Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814

• Dr. Jerry Harbour *Sherwin E. Turk, Esq.

Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 H. Joseph Flynn, Esq. Stephen E. Merrill, Esq.

Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee, Esq.

Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301

Wt'

's Docketing ap.d Service Paul,A. Frit: sche, Esq.

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, ME 04333 Roberta C. Pevear Ms. Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq. J. P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Mr. Peter J. Matthews 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Mr. Donald E. Chick Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 W

k Brentwood,,B oar.1 of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841' Philip Ahrens, Esq. Diane curran, Esq.

Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General 2001 S Street, N.W.

State House Station #6 Washington, DC 20009 Augusta, ME '04333 Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.:K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH. 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Charles P. Graham, Esq. Judith H. Mizner, Esq.

McKay, Murphy & Graham Silvergate, Gertner, Baker, Old Post Office Square Fine, Good & Mizner 100 Main Street 88 Broad Street Amesbury, MA 01913 Boston, MA 02110 l

l l

l

y c 3

s c

4 -

Rep. Edward J. Markey, Chairman U.S. House of Representatives

. Subcommittee on Energy Conservation and Power Room H2-316 House Office Building Annex No. 2 Washington, DC 20515 Attn: Linda Correia 4th -

- G _1 u _

Carol S. Sneider Assistant Attorney General Environmental Protection Division December 26, 1986 4

h

_ . - , . - _ . _ _ . . _ _ _ _ . _ _ _ _ _ _ _ . _ _ _ _ . _ . _ . . . . . _ . _ , . . _ _ . _ . . ~ . . . . _ . - _ _ ___ _ .-._._-