ML20214N284

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NRC Staff Response to Applicant Motion for Order Ruling on Certain Motions for Summary Disposition.* Summary Disposition Should Now Be Granted as to Listed Contentions. W/Certificate of Svc
ML20214N284
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 05/22/1987
From: Sherwin Turk
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Atomic Safety and Licensing Board Panel
References
CON-#287-3612 OL, NUDOCS 8706020125
Download: ML20214N284 (5)


Text

1 5/22/87 00CKETED US4RC UNITED STATES OF AMERICA

, <87 MAY 28 P2 :08 NUCLEAR REGULATORY COMMISSION 0 FF!L.- :] '

..y-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 00CP.Li g.

m rf In the Matter of

)

)

Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF

)

50-444 OL NEW HAMPSHIRE, y al.

)

Off-site Emergency Planning

)

(Scabrook Station, Units 1 and 2)

)

NRC STAFF'S RESPONSE TO APPLICANTS' MOTION FOR AN ORDER RULING ON CERTAIN OF THEIR MOTIONS FOR

SUMMARY

DISPOSITION On May 7, 1987,. the Applicants filed their " Motion for an Order Ruling on Applicants' Motions for Summary Disposition of Contentions of Towns of Kensington, South Hampton,

Hampton Falls,

and Rye"

(" Motion").

Therein, the Applicants seek a Board ruling on certain of their summary disposition motions, filed with respect to Kensington Contentions 1, 2, 4, 6, 8, and 10; South Hampton Contentions 1, 2, 3, 6, and 8; Hampton Falls Contentions 2 and 4; and Rye Contention 2.

The NRC Staff does not oppose Applicants' Motion.

A ruling on the summary disposition motions filed with respect to these contentions would eliminate the need for prefiled testimony to be prepared as to any contentions which the Board determines need not proceed to hearing, and would enable the parties to concentrate their efforts on the otl.thf outstanding contentions.

Further, the towns which filed these conten-tions have not asserted that they were prejudiced by the Board's prior

- hearing schedule, and no prejudice is likely to result from the grant of summary disposition on these contentions.

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Accordingly, the Staff recommends that the Board proceed to rule on Applicants', motions for summary disposition of these contentions, in the manner pieviously recommended by FEMA and the Staff.

Summary disposition should now be granted as to Kensington Contentions 2, 4

and 10; South Hampton Contentions 1 and 6; Hampton Falls Contention 4; and Rye Contention 2.1 As to the remaining contentions filed by these towns, the Applicants' motions for summary disposition should be denied for the reasons previously set forth by FEMA and the Staff.

Respectfully submitted, L

Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 22nd day of May,1987

-1/

See "NRC Staff's Answer to Motions for Summary Disposition of DTf-Site Emergency Planning Contentions", dated April 15,1987; and letter from Elaine I. Chan to the Licensing Board, dated April 29, 1987.

a 00(nErrp US%c UNITED STATES OF AMERICA gj ff 28 P2:08 NUCLEAR REGULATORY COMMISSION l

GFFIc.:'

BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD u0 CME i. a _ _,, y

.y g In the Matter of

)

)

Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF

)

50-444 OL NEW IIAMPSlilRE, et al.

)

Off-site Emergency Planning

)

(Seabrook Station, Units 1 and 2)

)

CERTIFICATE OF SERVICE I

hereby certify that copies of "NRC STAFF'S

RESPONSE

TO 2

APPLICANTS' MOTION FOR AN ORDER RULING ON CERTAIN OF THEIR MOTIONS.FOR

SUMMARY

DISPOSITION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system this 22nd day of May, 1987.

Helen lloyt, Esq., Chairman

  • Gustave A. Linenberger, Jr.*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S.

Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Jerry Harbour

  • Ms. Carol Sneider, Esq.

Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, DC 20555 Boston, MA 02108 Beverly Hollingworth Richard A. Hampe, Esq.

209 Winnacunnet Road New Hampshire Civil Defense Agency Hampton, NH 03842 107 Pleasant Street Concord, NH 03301 Sandra Gavutis, Chairman Calvin A. Canney, City Manager Board of Selectmen City Hall RFD 1 Box 1154 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 1

e

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.a

Stephen E. Merrill.

Paul McEachern, Esq.

Attorney General Matthew T. Brock, Esq.

George Dana Bisbee Shaines a McEachern Assistant Attof ney General 25 Maplewood Avenue Office of the Attorney General P.O. Box 360 25 Capitol Street Portsmouth, NH 03801 Concord, NH 03301 Roberta C. Pevear

. Angie Machiros, Chairman State Representhtive Board of Selectmen Town of Hampton Falls 25 High Road Drinkwater Road Newbury, MA 09150 Hampton Falls, NH 03844 Allen Lampert Mr. Robert J. Harrison Civil Defense Director President and Chief Executive Officer Town of Brentwood Public Service Co. of New Hampshire 20 Franklin Street P.O. Box 330 Exeter, NH 03833 Manchester, NH 03105 Charles P. Graham, Esq.

Robert A. Backus, Esq.

McKay, Murphy and Graham Backus, Meyer a Solomon 100 Main Street 116 Lowell Street Amesbury, MA 01913 Manchester, NH 03106 Diane Curran, Esq.

Philip Ahren, Esq.

Harmon a Weiss Assistant Attorney General 2001 S Street, NW Office of the Attorney General i

Suite 430 State House Station #6 Washington, DC 20009 Augusta, ME 04333 Edward A. Thomas Thomas G. Dignan Jr., Esq.

Federal Emergency Management Agency Ropes & Gray -

442 J.W. McCormack (POCH) 225 Franklin Street Boston, MA 02109 Boston, MA 02110 H.J. Flynn, Esq.

William Armstrong Assistant General Counsel Civil Defense Director Federal Emergency Management Agency Town of Exeter 500 C. Street, SW 10 Front Street Washington, DC 20472 Exeter, NH 03833 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel

  • Board

. Jane Doughty Docketing and Service Section*

Seacoast Anti-Pollution League Office of the Secretary 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, DC 20555

- Maynard L. Young, Chairman William S. Lord Board of Selectmen Board of Selectmen 10 Centrcl Road Town Hall - Friend Street South Hampton, NH 03287 Amesbury, MA 01913 Michael Santosuoaso, Chairman Peter J. Matthews, Mayor Board of Selectmen City Hall South Hampton, NH 03287 Newburyport, MN 09150 Mr. Robert Carrigg, Chairman Judith H. Mizner, Esq.

Board of Selectmen Silverglate, Gertner, Baker Town Office Fine and Good Atlantic Avenue 88 Broad Street North Hampton, NH 03862 Boston, MA 02110 R. K. Gad III, Esq.

Mrs. Anne E.

Goodman, Chairman Ropes & Gray Board of Selectmen 225 Franklin Street 13-15 Newmarket Road Boston, MN 02110 Durham, NH 03824 Gary W. Holmes,. Esq.

Honorable Gordon J.

Humphrey Holmes & Ellis United States Senate 47 Winnacunnet Road 531 Hart Senate Office Building Hampton, NH 03842 Washington, DC 20510 b

b Sherwin E. Turk Senior Supervisory Trial Attorney n

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