ML20213A002
| ML20213A002 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/26/1987 |
| From: | Bisbee G NEW HAMPSHIRE, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2331 OL, NUDOCS 8702030051 | |
| Download: ML20213A002 (11) | |
Text
- - _ _ - _ _ - _ _ _ _ _ _
.g? 33/
January 26, 1987 D3tyETEP UNITED STATES OF AMERICA M"C NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing BoargH JM 28 A8 37 LFiM 03 Cite' '
.t r c
)
In the Matter of
)
Docket Nos. 50-443-OL
)
and PUBLIC SERVICE COMPANY OF
)
50-444-OL NEW HAMPSHIRE
)
(Off-Site Emergency (Seabrook Station, Units 1 and 2
)
Planning Issues)
)
RESPONSE OF THE STATE OF NEW HAMPSHIRE TO APPLICANTS' PETITION UNDER 10 C.F.R. S2.758 and 10 C.F.R.
S50.47(c) WITH RESPECT TO THE REGULATIONS REQUIRING PLANNING FOR A PLUME EXPOSURE PATHWAY EMERGENCY PLANNING ZONE IN EXCESS OF A ONE MILE RADIUS 1.
On December 18, 1986 the Applicants filed their request for a reduction in the plume exposure pathway emergency planning zone for Seabrook Station to one mile.
2.
Notwithstanding this request, the Applicants have committed to continue on a voluntary basis planning out to the full 10 mile plume exposure emergency planning zone for Seabrook Station.
3.
With respect to the State of New Hampshire, the Applicants have formalized their commitment to continue emergency planning efforts to the full 10 mile distance from Seabrook Station, in an agreement which will be executed by the Applicant on January 27, 1987 See Attachment A, Agreement between Public Service Company (hereinafter referred to as "PSNH") and the State of New Hampshire (hereinafter referred to as "the State").
4.
The Agreement between the State and PSNH provides that PSNH will continue to support the State of New Hampshire's radiological 8702030051 870126
~
PDR ADOCK 05000443 G
PDR g3
. emergency planning for Seabrook Station to the full 10 mile distance from Seabrook Station, to include the 17 New Hampshire communities and 4 New Hampshire host communities that are currently provided for in the Neu Hampshire Radiological Emergency Response Plan (NHRERP).
5.
The State, in any event, is committed to continued radiological emergency planning for the full 10 mile EPZ, whether or not the Applicants request for reduction in the size of the EPZ is granted by the NRC.
The current NHRERP covers the full 10 mile EPZ; the NHRERP in its current form remains the operative State Plan; and the implementation of the NHRERP will continue, including the purchase and installation of all emergency response equipment, the training of emergency responders, and the continued updating of the plan.
6.
The State does not take a position before this Board with respect to the Applicants' December 18, 1986 Petition Under 10 C.F.R.
S2.758 and in C.F.R.
S50.47(c) With Respect To The Regulations Requiring Planning For A Plume Exposure Pathway Emergency Planning Zone In Excess Of A One Mile Radius.
Respectfully submitted, THE STATE OF NEW HAMPSHIRE STEPHEN E.
MERRILL ATTORNEY GENERAL i
Dated:
January 26, 1987 By George Dana Bisbbe Senior Assistant Attorney General Environmental Protection Bureau Office of the Attorney General 25 Capitol Street Concord, NH 03301-6397 Telephone (603) 271-3678
J AGREEMENT This Agreement is entered into between the State of New Hampchire (hereinafter referred to as "the State") and the New t'
Hampshire Yankee Division of Public Service Company of New Hampshire (hereinafter referred to as "New Hampshire Yankee"), as agent for the Joint Owners of Seabrook Station.
See Attachment A for a list of the Joint Owners.
(The State and New Hampshire Yankee may also be referred to as "the parties".)
WHEREAS, the Joint Owners of Seabrook Station as Applicants 4
before the Nuclear Regulatory Commission (hereinafter referred to as "NRC"), have applied for an operating license to operate a nuclear i
electrical generating. station in Seabrook, New Hampshire (hereinafter referred to as "Seabrook Station"); and WHEREAS, regulations in 10 C.F.R. Part 50 require a plume exposure emergency planning zone (hereinafter referred to as the "PEPZ") of approximately 10 miles in radius from Seabrook Station; and WHEREAS, under New Hampshire RSA 107-B:1, I,
the State of New Hampshire Civil Defense Agency (hereinafter referred to as " Civil Defense Agency") is responsible for developing and implementing the i
State radiological (or nuclear) emergency response plan; and t
WHEREAS, RSA 107-B: 1-4 provide that the utilities having applied l
for a license or licensed to operate each nuclear electrical generating facility shall pay the costs of the State's radiological emergency response planning program; and l-i I
WHEREAS, the New Hampshire Radiological Emergency Response Plan (hereinafter referred to as the "NHRERP") has been developed by the Civil Defense Agency; and WHEREAS, the NHRERP includes provisions for the State's emergency response procedures, and currently includes plans for l'7 New Hampshire communities (the Towns of Seabrook, Hampton Falls, Hampton, North Hampton, Rye, New Castle, Greenland, Stratham, New Fields, Exeter, Brentwood, Kingston, Kensington, East Kingston, South Hampton, Newton and the City of Portsmouth), and 4 host communities (the Cities of Dover, Rochester and Manchester and the Town of Salem); and WHEREAS, on December 18, 1986 the Joint Owners as Applicants before the NRC filed Applicants' Petition Under 10 C.E.R. S2.758 and 10 C.F.R. S50.47(c) With Respect To The Regulations Requiring Planning For A Plume Exposure Pathway Emergency Planning Zone In
. Excess Of A One-Mile Radius (hereinafter referred to as " Petition");
and WHEREAS, New Hampshire Yankee has publicly committed to continue voluntarily to support the development and implementation of emergency response plans for the entire 10 mile PEPZ for Seabrook Station even if the Applicants' request to reduce the size of the PEPZ is granted; and WHEREAS, the State, through the Governor and Civil Defense Agency, is committed to' continued radiological emergency planning for I
. the State of New Hampshire for a full 10 mile PEPZ, including the 17 communities and 4 host communities presently included in the NHRERP for Seabrook Station; e
NOW THEREFORE, the parties hereby agree as follows:
1.
New Hampshire Yankee agrees to support the State's efforts to develop and maintain the NHRERP so that the NHRERP meets the public safety objectives that are the basis for 10 C.F.R. Part 50 (as they currently provide and as they may be amended in the future) and NUREG-0654, and the public safety objectives that are the basis for any other present or future federal emergency planning requirements generally applicable to the 10 mile plume exposure EPZ.
2.
New Hampshire Yankee agrees to provide the funding for the State's efforts in developing and implementing the NHRERP for Seabrook Station, and for the annual radiological emergency response budget for the 17 municipalities within the 10 mile PEPZ and the 4 i
host communities as well as the annual radiological emergency response budgets of all state agencies involved in the emergency planning program for Seabrook Station.
3.
It is-the intention of the parties that New Hampshire Yankee j
shall fund the State's radiological emergency response program and planning for Seabrook Station undertaken pursuant to this Agreement in the same manner as provided in RSA Chapter 107-B.
Yankee agrees that it will not contest the jurisdiction of the chairman of the Public Utilities Commission to review a request by the Civil Defense Agency for an assessment against the utility for all necessary funding for the State's nuclear planning and response program for Seabrook Station.
l I
.. =..
4-4.
In the event that it is determined that the RSA Chapter 107-B assessment process does not apply to all or part of a request by the Civil Defense Agency for funding the State's nuclear planning and response program for Seabrook Station, New Hampshire Yankee agrees that it will nevertheless pay for the cost of preparing the plan and providing equipment and materials necessary to implement it, and for the annual emergency response budget for the municipalities within the 10 mile EPZ, the host communities and all state agencies necessary for radiological emergency preparedness.
The parties agree that in such an event they will adhere to the following procedures for assessing the radiological emergency preparedness costs to New Hampshire Yankee:
a.
The municipalities within the 10 mile PEPZ shall submit J
i annually their radiological emergency response budgets'to the director of the Civil Defense Agency who shall provide a reasonable l
opportunity for public comment and consideration and who shall receive and review the appropriateness of any budget request.
l b.
The director of the Civil Defense Agency shall receive and I
review the appropriateness of any budget request from any other state agency necessary for radiological emergency preparedness as outlined i
in the NHRERP.
i c.
The director of the civil Defense Agency then on the basis of his review shall submit the Agency's approved total annual budget to New Hampshire Yankee.
d.
The director of the Civil Defense Agency shall also submit to New Hampshire Yankee a request for the costs of preparing the plan and providing equipment and materials to implement it.
i i
r t='
$+
g g
T=7*SP
---*'-r-F-em C
gr
.w-
*w v-rv*-
- ---.m m
--+.
get2 Tw+i--+27----w---
sig m-e tw me1--
--yrw--
GP 4---
7 9 em T-T l
. e.
New Hampshire Yankee shall pay the requested amounts within
'30. days after receipt of the request from the director of the Civil Defense Agency.
f.
The State agrees that funds collected under this process shall be used for the New Hampshire nuclear planning and response program.
5.
If there is a disagreement among the parties concerning the appropriateness of all or part of a request for funding submitted by the director of the Civil Defense Agency, the parties agree that the State may seek an immediate determination in court on the propriety under this Agreement of the request for funding.
New Hampshire Yankee agrees that in such an event, New Hampshire Yankee shall not challenge the jurisdiction of the court to hear the State's petition.
6.
The parties agree that the State may proceed in court to enforce the terms of this Agreement.
New Hampshire Yankee reserves the right to contest in court any allegation of a breach of this Agreement.
7.
This Agreement shall become effective only if and when the NRC grants the Applicants' December 18, 1986 Petition Under 10 C.F.R.
S2.758 and 10 C.F.R. S50.47(c) With Respect To The Regulations Requiring Planning For A Plume Exposure Pathway Emergency Planning Zone In Excess Of A One Mile Radius.
8.
This Agreement may be amended only by an instrument in writing signed by the parties hereto.
. 9.
This Agreement shall be construed in accordance with the laws of the State of New Hampshire.
10.
This Agreement shall apply to and be binding upon the State of New Hampshire, the Joint Owners, and their successors and assigns.
THE STATE OF NEW HAMPSHIRE Dated:
By:
Richard H.
Strome, Director Civil Defense Agency NEW HAMPSHIRE YANKEE DIVISION OF PUBLIC SERVICE COMPANY OF-NEW HAMPSHIRE Dated:
By:
ATTACHMENT A SEABROOK JOINT OWNERS l
'PUBLIC SERVICE COMPANY OF NEU HAMPSHIRE THE UNITED ILLUMINATING COMPANY EUA POWER COMPANY MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY NEW ENGLAND POWER COMPANY THE CONNECTICUT LIGHT AND POWER COMPANY CANAL ELECTRIC COMPANY MONTAUP ELECTRIC COMPANY i
NEW HANPSHIRE ELECTRIC COOPERATIVE, INC.
I VERMONT ELECTRIC GENERATION AND TRANSMISSION COOPERATIVE, INC.
TAUNTON MUNICIPAL LIGHTING PLANT HUDSON LIGHT AND POWER DEPARTMENT i
9 l'
a i
I r
h I
l
~
CERTIFICATE OF SERVICE 00LM M F UNC I, George Dana Bisbee, hereby certify that on this 26th day of January,-1987,ImadeserviceofthewithinResponseOf.ofheggegpffew g
3 Hampshire To Applicants' Petition Under 10 C.F.R. S 2. 7 5 9 a WS N C.' F.R.
S50.47(c) With-Respect To The Regulations Requiring Planning For A Plume Exposure Pathway Emergency Planning Zone In Excess Of A+0ne Mile Rad,ius by mailing copies thereof, postage prepaid, to:
00 Chij g ' "'
- Administrative Judge Helen Hoyt Administrative Judge Sheldon J.
Chairperson Wolfe, Chairman 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
- 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 Philip Ahrens, Esquire
- Thomas G.
Dignan, Jr.,
Esquire Deputy Attorney General R.
K. Gad, III, Esquire Department of the Attorney General Ropes & Gray State House Station 6 225 Franklin Street
)
Augusta, ME 04333
- Boston, MA 02110
- Carol S.
Sneider, Esquire
- Sherwin E.
Turk, Esquire Assistant Attorney General Deputy Assistant Chief Department of the Attorney General Hearing Counsel One Ashburton Place, 19th Floor Office of the Executive Counsel Boston, MA 02108 Director U.S.
Nuclear Regulatory Commission Ms. Diana P.
Randall Washington, DC 20555 70 Collins Street Seabrook, NH 03874
- Robert A.
Backus, Esquire Backus, Meyer & Solomon
- Diane Curran, Esquire 116 Lowell Street Harmon & Weiss P.
O.
Box 516 20001 S Street, N.W.
Manchester, NH 03105 Suite 430 Washington, DC 20009-1125 Chairperson j
Board of Selectmen Jane Doughty Town of South Hampton b
5 Market Street East Kingston, NH 03827 Portsmouth, NH 03801 Charles P.
Graham, Esquire Judith H.
Mizner, Esquire McKay,-Murphy and Graham Silverglate, Gertner, Baker, 1
100 Main Street Pine, Good, and Mizner Amesbury, MA 01913 88 Broad Street Boston, MA 02110
- sent-by UPS express mail service
- Paul McEachern, Esquire Matthew T.
Brock, Esquire J.
P.
Nadeau, Esquire Shaines & McEachern Selectmen's Office 25 Maplewood Avenue 10 Central Road P. O. Box 360 Rye, NH 03870 Portsmouth, NH 03801 Mr. Calvin A.
Canney Ms. Roberta C.
Pevear City Manager The Town of Hampton Falls City Hall Drinkwater Road 125 Daniel Street Hampton Fa,lls, NH 03844 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Angie Machiros The Town of Kensington Chairman of the RFD 1, Box 1154 (Route 107)
Board of Selectmen Kensington, NH 03827 Town of Newbury Newbury, MA 01950 Senator Gordon J.
Humphrey Peter J. Matthews U.S.
Senate Mayor Washington, DC 20510 City Hall (Attn:
Tom Burack)
Newburyport, MA 01950 Senator Gordon J. Humphrey William S.
Lord 1 Pillsbury Street Board of Selectmen Concord, NH 03301 Town Hall (Attn:
Herb Boynton)
Friend Street Amesbury, MA 01913 Mr. Thomas Powers Brentwood Board of Selectmen Town Manager RFD Dalton Road Town of Exeter Brentwood, NH 03833 10 Front Street Exeter, NH 03833 Gary W.
Holmes, Esquire Holmes & Ells H.
Joseph Flynn 47 Winnacunnet Road Assistant General Counsel Hampton, NH 03841 Office of General Counsel Federal Emergency Management Richard A.
Hampe, Esquire Agency Hampe & McNicholas 500 C Street, S.W.
35 Pleasant Street Washington, DC 20472 Concord, NH 03301 Mr. Ed Thomas Mr. Robert Carrigg, Chairman FEMA, Region I Board of Selectmen John W. McCormack Post Office Town Office and Court House Atlantic Avenue Post Office Square North Hampton, NH 03862 Boston, MA 02109 b
t)s 1
George' Dana Bisbqe)