ML20212N535
| ML20212N535 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/01/1987 |
| From: | Gavutis S KENSINGTON, NH |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| CON-#187-2742 OL, NUDOCS 8703130065 | |
| Download: ML20212N535 (17) | |
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Minie of [cfu-[Innipsl] ire ihgg[.j i Lfun of p.ensington Eff From the office of Board of Selectmen osAT f.o February 1, 1987 Office of.the Secretary U.S.N.R.C..
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El cd ATTENTION: Docketing and Service Branch FI Re: Public Service Company of New Hampshire, et al.
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Dear Secretary,
3 f4 Please docket and serve the enclosed documents listed belowra Letter to Michael J. Poirier from Sandra Fowler Mitchell dated February 1, 1987 Letter to David Deans from Sandra Fowler Mitchell dated February 1, 1987 Letter to Richard H. Strome from Sandra Fowler Mitchell dated January 20, 1987 Memo to Kensington Volunteer Fire Department from Kensington Board of Selectmen dated January 29, 1987 Letter to David W. Hayden from Sandra Fowler Mitchell dated February 1, 1987 Enclosures Memorandum and Order ASLB January 7,1987 Memorandum and Order ASLB January 9,1987 Letter to Travis Beard from Sandra Fowler Mitchell dated December 8, 1987 Letter to Travis Beard from Sandra Fowler Mitchell dated January 20, 1987 Letter from Travis Beard to Sandra Fowler Mitchell dated December 17, 1987 Letter to Travis Beard from the Board of Selectmen Kensington dated February 1, 1987 NOTICE OF APPEARANCE
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dated February 27 1987 Respectfully subm tted, h3]DO
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From the office of ORATEO Civil Defense February 1,<1987 Michael J. Poirier Radiolo6 cal Protection Officer i
h3CDA State Office Park South 107. Pleasant Street Concord, New Hampshire 03301
Dear Michael,
I received from you the Instrument Operability Test Report Form CD-236 on January 15,1987. It has been put on my list of jobs and been assigned a priority. I will complete the task as soon as possible.
Respectfully, O
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w andra Fowler Mitchell, Director cc: Nicholas Pishon Field Representative 9
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Civil Defense 4Aogg3co February 1,1987 David H. Deans Senior Field Representative Technological Hazards Division NKODA State Office Park South 107 Pleasant Street Concord, New Hampshire 03301
Dear David,
In response to the Reauest for Assistance for Dnergency Planning Equirment forms I refer you to CONTENTIONS OF THE TOWN OF KENSINGTON("TOK")
T ?.T4 HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLAN REVISION 2 Docket Nos.
50-%3-OL and 50-444-OL dated November 26, 1987 and to Appendix C of the Radiological Feergency Response Plan Town of Kensington Revision 2.
1 espectfully, s
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Sandra Fowler Mitchell, Director
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Richard H. Strome Docketing and Service Docket Nos. 50-%3-OL 50-%4-OL l
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DOCKET NOS. 50-%3-OL cnd 50-4%-OL d
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January 20, 1987 Richard H. Strome N.H. Civil Defense Agency Stato Office Park South 107 Picasant Street Concord, New Hampshire 03301 De?r Richard, This letter is to inform you that any and all communication with the town of Kensington and its officials and agencies will go through the Civil Defense Director,.,or her, designee. This includes any and all einsces. traininc. ecuirment or any other form of communiention that originates with the New Hampshire Civil Defense Agency. Any and all communication from the town.of Kensington to the State Agency will be approved by me or my designee and will note such. Any other communication received by your office fgom the.. town of Kensington that does not note such approval will be treated by your. office as unofficial and therefore requiring no action on your behalf other than to notify me or my designee that it was received by you. Under normal circumstances the designee will be Sandra Gavutis, Chairman of the Board of Selectmen. If a change is made I will notify you.
Ithankyouinadvanchforyourcooperation.
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Sincerely, 1
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Sandra Fowler Mitchell, Director
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Copics to:
Tne Board of Selectmen Gordon Humphrey Robert Smith Eubert Schweizer
DOCKET NOS3 50 443-OL cnd 50-444-OL a
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+,[ E gp From the office of Don 2TE0 Office of Selectmen January 29, 1987 To: Kensington Fire Department Tnis is to advise that any contact with the State of New Hampshire Civil
'Defeiso Agency by. the Kensington Volunteer Fire Department is unoffical and illegal.
The appearance of the New Hampshire State Civil" Defense Agency in the Tow. of Kensington on the evening of January 29, 1987 was made by request of the Fire Chief, Hubert Schweizec. This request is in direct violation
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of the decision of the Board of Seleitmen not'to participate in Emergency Pla: ming.
Fur:her action by the Kensington Volunte.er Fire Department regarding this mat;.r will be considered in further vio11 tion of Selectmen's orders and RSA 107:10 and RSA lO7-B:1.
The Kensington Board of Selectmen.
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Sandra Gavutis xdk' Donald Gr ver/\\
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CC: Richard H. Strome George Dana Bisbee ASLB IGC O
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From the office of onATdo Civil Defense February 1, 1987 David W. Hayden, Chief Planning Division NHCDA State Office Park South 107 Pleasant Street Concord, New Hampshire 03301
Dear David,
In response to the " Hazard Mitigation Plan" questionnaire I would like you to know that I appreciate your efforts in soliciting knowledge from local civil defense directors in order to prepare a workable plan. I do certainly agree that " Mitigation includes any action taken to permanently eliminate er reduce the long-term risk to life and property from natural and technological hazards. "
I am unable to adequately respond to your questionnaire at this time. The Town of Kensington is under the time constraints of Judge Helen Hoyt of the Atomic Safety and Licensing Board of the U.S. Nuclear Regulatory Cor mission. As you may kncw the Town of Kensington is an Intervenor in the
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Offsite Emergency Planning Issues for Seabrook Nuclear Power Station.
As an Intervenor the Town must adhere to the rules and orders of the ASLB.
In Kensin6 on participation as an Intervenor is the joint responsibility of t
the Civil Defense Director and the Board of Selectmen. The workload is extremely burdensome and the demands of the schedule nearly impossible to meet.
Ecwever, as the Civil Dofense Director it is my duty and my privilege to be sure that the town is provided reasonable assarance that adequate protective measures can and will be taken in the event of a radiological emergency at the Seabrook Nuclear Power Station.
I hope this gives you some insight into the planning process in Kensington. I have enclosed a copy of the Hearing Schedule so that you may have a clear picture of the burden placed on the Town of Kensington.
I will be in touch with you in the future to discuss the possibility of Eazardous Materials training for emergency response personnel in the Town.
spectfull )
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L andra Fowler Mitchell, Director l
cc Richard H. Strome Docketing and Service Docket Nos. 50-%3-OL
' 50-%4-OL
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'9,Q UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 JM -9 p 1 :45 ATOMIC SAFETY AND LICENSING BOARD uF..-
Before Administrative Judges:
MOCH Helen F. Hoyt, Chairperson Emmeth A. Luebke Jerry Harbour 3gyg) JAN O 91937 In the Matter of
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Docket Nos. 50-443-OL
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50-444-OL PUBLIC SERVICE COMPANY
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(ASLBPNo.82d71-02-OL) 0F NEW HAMPSHIRE, g al.
(Offsite Emergency Planning)
(Seabrook Station, Units 1 and 2)
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January 9, 1987 MEMORANDUM AND ORDER (Modifying Board Order of December 4,1986)
Various parties have submitted requests for the Board to modify its hearing schedule of December 4, 1986 on offsite issues raised by the NHRERP. Events have overtaken many of the stated bases for modifica-tions set out by the parties whose petitions or motions will not be reviewed herein. The Board believes that in the best interests of all parties and the Board, we should clear the deck for a period of several weeks to permit the. parties an unencumbered period to respond to Applicants'petitionunder10CFR2.758and10CFR50.47(c)toreduce the plume exposure pathway emergency planning zone to one mile. The resulting hearing schedule revision will allow the Board time to consider pending contentions and responses and further advance the date for discovery to corrmence. As we noted in our January 7,1987 Memorandum and Order, the parties are directed to respond to the issue of whether a prima facie showing for a waiver has been made by the Applicants' petition.
I
2 In revising the hearing schedule, we have used the same time frames between the various events.. leading to commencement of hearings as were set forth in our December 4,1986 order. We begin with the next event in the sequence leading to the hearings which is the Board's ruling on contentions and the commencement of discovery. We encourage the parties to respond to requests for information prior to commencement of discovery on February 13, 1987 whenever possible. The new dates are as follows:
Date Deadlines February 13, 1987 Board Order ruling on contentions, discovery commences.
March 6, 1987 Discovery closed (last discovery requestdue).
March 19, 1987 Answers to last interrogatories due within 14 days after the close of discovery.
March 26, 1987 Deadline for motions for sumary disposition on late-filed Rev. 2 Contentions admitted or for other contentions as to which circumstances have changed such that sumary disposition is now appropriate.
April 16, 1987 Response opposing or supporting motions due within 20 days.
April 27, 1987 Opposing parties may file responses to new facts and arguments presented in statements supporting motions for sumary disposition.
May 11, 1987 Board Order ruling on motions for summary disposition.
May 21, 1987 Prefiled testimony due 10 days after Board ruling on motions for sumary disposition.
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3 No sooner than Hearings commence.
May 28, 1987 (Date depends on arrangements for space and location.)
The Board again directs that service of papers relating to offsite emergency planning contentions be effected by express mail or personal delivery in any instance where normal service would not result in actual receipt of those papers on or before a deadline for the filing of those As has been this Board's custom, the date for filing of any papers.
pleading means that the pleading be delivered in hand to the parties and this Board on that date.
FOR THE AT MIC SAFETY AND LIC SING BOARD V
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Helen F. ioyt, Chairper
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Administrative Judge Dated at Bethesda, Maryland this 9th day of January 1987.
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NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '87 JAN -7 P4 :42 Before Administrative Judges:
0; Helen F. Hoyt, Chairperson 00cc. ~ 6 Emeth A. Luebke 4'"
Jerry Harbour SERVED JAN O 81987 In the Matter of
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Docket Nos. 50-443-OL 50-444-OL PUBLIC SERVICE COMPANY (ASLBPNo. 82-471-02-OL) 0F NEW HAMPSHIRE, g al.
(OffsiteEmergencyPlanning)
(SeabrookStation, Units 1and2)
January 7, 1987 MEMORANDUM AND ORDER (SupplementtoBoardOrderofDecember 23,1986)
On December 23, 1986 this Board directed parties to file in-hand responses no later than January 27, 1987 to Appiteants' Petition under 10 CFR 2.758 and 10 CFR 50.47(c) with Respect to the Regulations Requiring Planning for a Plume Exposure Pathway Emergency Planning Zone in Excess of a One-Mile Radius.
Objections to and motions for reconsideration of the schedule provided in our Memorandum and Order dated December 23, 1986 were filed bytheTownofHampton(TOH)onDecember 24, 1986, the Massachusetts AttorneyGeneral(Mass)onDecember 30, 1986 and the New England Coalition on Nuclear Pollution (NECNP) on December 31, 1906. The NRC 4
2 Staff on December 22, 1986, in response to Applicants' petition.
proposed that parties be allowed to submit schedules for responses to
'the petition by January 20, 1987 and that the Board schedule a pre-hearing conference during the week of January 26, 1987, "to discuss and schedule for further proceedings on Applicants' petition." On January 5,1987 NRC Staff's Motion for Reconsideration of Licensing Board Order of December 23, 1986 was filed in which the Staff states its
" technical input will _be of crucial importance to a proper determination by the Licensing Board and by the Consnission of the important issues raised by the Petition."- The Staff seeks reconsideration of the December 23, 1986 Order by requesting that a proposed schedule for reply to Applicants' petition be established and that January 20, 1987 be the due date for such schedules.
The Board finds that the authority vested by the provisions of 10 CFR 2.758 is to review the petition and any responses to determine if the petitioning party has made a prima facie showing that the appiteation of the specific Commission rule or regulation would not serve the purposes for which the rule or regulation was adopted and that the rule or regulation should be waived or an exception granted. This Board is not directed to conduct an evidentiary proceeding or to decide if a waiver or exception should be granted; this power is reserved to the Connission. Our duty and obligation is to review the petition and 4
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3 any responses and determine if a prima facie showing has been made by -
the petitioner.
The Board affirms that responses will be filed in-hand by close of business on January 27, 1987. We have~ directed that responses address-the Applicants' petition on the issue of whether a prima facie showing for a waiver of the 10-mile EPZ has been made. The Board expects all parties to diligently work to complete their responses by January 27, 1987.
If, however, any party cannot complete its response by Janu-ary 27, then that party will provide to this Board by close of business on January 27, 1987, its partially completed response and advise the Board of a reasonable date certain on which its written response can be completed.
In view of the technical nature of the issue, the Board will determine the prima facie issue at hand through written pleadings. 'No oral hearings to supplement written responses are anticipated.
FOR THE ATOM SAFETY AND LICENS GB0$RD k
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Helen F. Hoyt, Chairperton/
Administrative Judge Dated at Bethesda, Maryland this 7th day of January 1987.
Although prima facie is not defined in 10 CFR 2.758, one Licensing Board has found it " reasonable to equate ') rima facie' showing with
' substantial' showing." Carolina Power A.ight company and North Carolina Eastern Municipal Power lleency (5hearon Harris Nuclear Power Plant), LBP-85 5, 21 NRC 410 (1985). We believe, however, prima facie to mean evidence of a sufficient nature that would cause reasonable minds to inauire further.
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DOCKET NOS3 50-443-OL and 50-444-OL NE hil!IO Of ft{11 hittilp6l] ire
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f,ifsgghdi Efun of Kensington
'gYg-Office of Civil Defense
- oaAOC Decenber 8, 1986 Travia Beard Department of Corporate Services P.O. Box 300 Seabrook, New Hampshire 03874
Dear Travia,
It has come to my attention that maintenance is presently being done on the. Alert and Notification System Sirena in Kensington.
During our telephone conversation of October 21,1986 I requested that I be informed in writing of any and all maintenance being performed on the airena in Kensington. Why are you not honoring my request?
As the Civil Defense Director for the Town of Kensington it is imperative that I know the status of the airena at all times.
I now request that you send me all the maintenance records of all maintenanco done on the airena in Kensington, commencing with the day of installation to the present. Please include any and all future achedules that may already be planned.
I thank you in advance for your cooperation.
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,a Reepectfully
.u k m & Q7U da. 6 Sandra Fowler Hitchell Civil Defense Director 1
Copies cent to Richard H. Strome William Lazarus Congrecaman Parkey Docketing and Service Enclosure l
DOCKER NO33 50 JA3-OL cnd 50 444-OL L Wq ui rg p
' Public Service of New Hampshire New Ha.Tpshire Yankee Division December 17, 1986 i
Ms. Sandra Fowler Mitchell Civil Defense Director Town of Kensington Kensington, NH 03833
Dear Ms. Mitchell:
This is in reply to your letter of December 8,1986 regarding maintenance on siren poles located in Kensington. Our preventative maintenance program for the siren system includes biweekly and quarterly work on each stren. The next biweekly visit for Kensington poles is scheduled for this week. As I explained in our phone conversation of October 21, 1986, this scheduled
' maintenance does not affect the operability of the sirens. Should we discover that a' siren is inoperable, you or the person you designate will be notified promptly.
In addition, you will be notified in advance of any planned maintenance which removes a siren from service.
If you wish this notification to be by phone, please provide me with a primary and an alternate number.
We appreciate your concern and support for the Seabrook Station Alert and Notification System. Please contact me at 474-9521, extension 2750 if I can te of further assistance.
% Jn Travis N. Beard Senior Emergency Planner TNB/amd I
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DOCKER!i033 50 443-OL cnd 50-444-OL U C Of Ob M111p9{}{rt A
tliafun of %cusington b,:t-Office of Civil Defense January 20, 1987 ono v.
Travis Beard Department of Corporate Services P.O. Box 300 Seabrook, New Hampohire 03874
Dear Travis,
This is in reply to your htter of December 17,1986 regarding maintenance on airen poles located in Kensington. I would like to be notified in writting in advance of any and all maintenance of the sirens located in Kensington. This notification shall be one month in advance and include any and all maintenance, whether it doen or does not remove a siren
~from nervice. I again request that you send me _all the maintenance records of all the maintenance done.on the sirens in Kensington, commencing with the day o,f installation to the present.
I thank you in advance for your cooperation.
Respectfully, q vb
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dra Fowler Mitchell Civil Defense Director Copies sent to:
Richard H. Strome William Lazaruo Congrecoman Markey Docketing and Service Gordon J. Humphrey
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Dat:d: February 2, 1987 UNITED STATES OF A E RICA USNRC NUCLEAR REGUIATORY COWGSSION TI IgR -9 P2 34 before the hkyfdgf $tpy:N ATOMIC SAFETY AND LICENSING DOARD BRANCH Docket Nos. 50 14183-OL In the Matter of 50 lilels-OL Off-site Emergency PUBLIC SERVICE COMPANY OF Planning Issues NEW HAMP811 IRE, et al.
(SeabrookStation,Unita1and2)
NOTICE OF APPFARANCE I, Bandra Fowler Mitchell, Civil Defense Director, appear in the above captioned proceeding for the Intervenor Town Kensington, New !!ampshire, and my mailing address is as set forth below:
Sandra Fowler Mitchell Civil Defense Director Box 10 RR1 Kensington, New ifampshire 03027 Respectfully submitted, dawd%5t.
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Gondra Fowler Hitchell Civil Defense Director
(' Town of Kensington
t h hereby certify that on k Y /N7 I made s:rvice cf the within
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.yldocumentsbymailingcopiesthereof,pos'ageprepaid,byfirstclassmail,orasindicated 6by an asterisk by express mail; t t
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