ML20214R154
| ML20214R154 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/08/1986 |
| From: | Perlis R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20214R157 | List: |
| References | |
| CON-#386-832 OL-1, NUDOCS 8609290094 | |
| Download: ML20214R154 (6) | |
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UNITED STATES OF AMERICA c
NUCLEAR REGULATORY COMMISSION i.
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,s BEFORE THE ATOMIC SAFETY AND LICENSING BOAR /,
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443 OL-1 NEW HAa*PSIIIRE, et al.
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50-444 OL-1
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On-site Emergency Planning (Seabrook Station, Units 1 and 2)
)
and Safety Issues 1
NRC STAFF RFSPONSE TO LICENSING BOARD ORDER OF SEPTEMBER 3,1986 On September 3, 1986, the Licensing Board requested the Staff to provide the Board with a response to an argument raised by the Attorney General of Massachusetts (" Massachusetts") in its Opposition filed on July 2, 1986 to Applicants' motion for a 5% operating license.
The argument j
raised by Massachusetts involves a license condition contained in a draft l
license for Seabrook. The proposed license condition provides:
t in the event that the NRC finds that the lack of progress in completion of the procedures in [ FEMA's] final rule, 44 CFR Part 350, is an indication that a major substantive problem exists in achieving or maintaining an adequate state of emergency preparedness, the provisions of 10 CFR Section 50.54(s)(2) will apply.
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Massachusetts apparently objects to the condition because it allegedly would not require the Seabrook Applicants to demonstrate compliance with i
the emergency planning standards set forth in 10 CFR Section 50.47 and that the NRC "should not countenance the Applicants' attempts to cause itself [ sic] to be regulated according to inapplicable regulations carrying a lesser guarantee of public safety."
Opposition of July 2, 1986 at 9.
8609290094 860908 1
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1 Massachusetts has misapprehended the effect of the condition.
In order to receive an operating license, a license applicant must comply with, inter alla, the requirements set forth in Part 50 of the Commission's Rules and Regulations.
These regulations cover a wide range of subjects; the principal regulation concerning offsite emergency planning requirements that must be met before a full-power operating license can be issued is 10 CFR Section 50.47.1_/
Before Seabrook may be issued a license for power levels greater than 5% of rated power, El the Seabrook Applicants will either have to demonstrate compliance with 10 CFR I 50.47 or request and be granted an exemption from that regulation.
See e.g.,
Lime rick.
No such exemption has been requested; the referenced license condition most assuredly does not provide such an exemption.
As to the condition itself, it does not change the initial licensing requirements for Seabrook.
As noted above, unless an exemption is granted (and none has been requested),
Seabrook must meet the requirements of Section 50.47 before an operating license in excess of 5%
of rated power may be issued.
NRC findings on compliance with Section 50.47 for licensing purposes are based upon interim FEMA findings applying the same standards.
See 44 CFR I 350.5; Memorandum of 1/
Additional emergency planning requirements are contained in
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Appendix E to Part 50.
-2/
Findings on offsite emergency planning are not required for operating licenses restricted to 5% or less of rated power.
See 10 CFR I 50.47(d).
Under the circumstances, Massachusetts is not only incorrect in its assessment of the license condition, but its argument is also irrelevant to the requested license.
For even if Massachusetts were correct in its reading of the condition, no findings on offsite emergency planning are required before a 5%
license can be authorized.
_ =_
s Understanding Between FEMA and NRC, 50 Fed. Reg. 15485 (April 18, 1965).
Although NRC licensing is based upon FEMA interim findings, the FEMA evaluation of emergency planning continues after the issuance of an operating license.
In sddition, the NRC has continuing authority under 10 CFR I 50.54(s)(2) to examine whether the state of offsite emergency preparedness continues to provide reasonable assurance that adequate measures can and will be taken in the event of an emergency and to take actions if such assurance is no longer provided.
The license condition cited by Massachusetts does no more than serve notice that the provis*ons of Section 50.54(s)(2) will be observed.
In other words, the condition serves as an additional restriction upon the Applicants. To get a license, the Applicants must demonstrate compliance with Section 50.47; after a license is issued,
Applicants must continue to provide reasonable assurance that adequate emergency response measures can be taken or the provisions of section 50.54(s)(2) will come into play.
For the above reasons, the NRC submits that Massachusetts has misinterpreted the referenced license condition and that Massachusetts' l
objections to the issuance of a license on that score are unfounded.
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Respectfully submitted, I
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Robert G. Perlis Counsel for NRC Staff Dated at Bethesda, Maryland i
j this 8th day of September,1986
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UNITED STATES OF AMERICA
_M NUCLEAR REGULATORY COMMISSION 1
Ed.u f.I99 M
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\\7 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD m
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In the Matter of
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i PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443 OL-1 NEW HAMPSIIIRE, et al.
)
50-444 OL-1
)
On-site Emergency Planning (Seabrook Station, Units 1 and 2)
)
and Safety Issues CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO LICENSING BOARD ORDER OF SEPTEMBER 3,1986" in the above proceeding have been served on the following by deposit in the United State mail, first class i
or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 8th day of September,1986.
i l
Sheldon J. Wolfe, Chairman
- Dr. Emmeth A. Luebke*
Administrative Judge Administrative Judge Atorr.ic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry Harbour
- Carol Sneider" 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 Wcshington, D.C.
20555 Boston, MA 02108 Beverly Hollingworth Stephen E. Merrill l
209 Winnacunnet Road Attorney General i
Hampton, NH 03842 George Dana Bisbee" Assistant Attorney General l
Sandra Gavutis, Chairman Office of the Attorney General Board of Selectmen 25 Capitol Street RFD 1 Box 1154 Concord, NH 03301-6397 Kensington, NH 03827 Richard A. Hampe, Esq.
New ifampshire Civil Defense Agency 107 Pleasant Street Concord, NH 03301 f
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! l Calvin A. Canney, City Manager Allen Lampert City Hall Civil Defense Director 126 Daniel Street Town of Brentwood Portsmouth, NH 03801 20 FrankHn Street Exeter, NH 03833 i
Roberta C. Pevear I
State Representative Angie Machiros, Chairman Town of Hampton Falls Board of Selectmen Drinkwater Road 25 High Road j
Hampton Falls, NH 03S44 Newbury, MA 09150 Mr. Robert J. Harrison Jerard A. Croteau, Constable j
President and Chief Executive Officer 82 Beach Road, P.O. Box 5501 Public Service Co. of New Hampshire Salisbury, MA 01950 P.O. Box 330 Manchester, NH 03105 Diane Curran, Esq."
Harmon & Weiss Robert A. Backus. Esq.**
2001 S Street, N.W.
Backus, Meyer & Solomon Suite 430 i
1 116 Lowell Street Washington, D.C.
20009 Manchester, NH 03106 i
i Edward A. Thomas Philip Ahrens, Esq.
Federal Eraergency Management Agency Assistant Attorney General 447 J.W. McCormack (POCII)
Office of the Attorney General l.
Boston, MA 02109 State House Station, #6 Augusta, ME 04333 H.J. Flynn, Esq.
Thomas G. Dignan, Jr., Esq.
Assistant General Counsel Ropes a Gray Federal Emergency Management Agency 225 Franklin Street 500 C Street, S.W.
Boston, MA 02110 I
Washington, D.C.
20472 i
Jane Doughty Atomic Safety and Licensing Seacoast Anti-Pollution League Board
- I 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, D.C.
20555 Atomic Safety and Licensing Paul McEachern Esq.
Appeal Panel
- Matthew T. Brock, Esq.
U.S. Nuclear Regulatory Commission Shaines a McEachern j
Washington, D.C.
20555 25 Maplewood Avenue P.O. Box 360 Portsmouth, NH 03801 l
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i 1 i Docketing and Service Section*
William Armstrong i
Office of the Secretary Civil Defense Director U.S. Nuclear Regulatory Commission Town of Exeter i
Washington, D.C.
20555 10 Front Street i
Exeter, NH 03833 I
Maynard L. Young, Chairman Board of Selectmen Peter J. Matthews, Mayor 10 Central Road City Hall Rye, Nil 03870 Newburyport, MA -09150 i
Michael Santosuosso, Chairman William S. Lord Board of Selectmen Board of Selectment i
South flampton, NH 03827 Town Hall - Friend Street f
Amesbury, MA 01913 Mr. Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road i
Atlantic Avenue Durham, NH 03824 l
North flampton, NH 03862 I
i R. K. Gad 111, Esq."
Gary W. Holmes, Esq.
Ropes & Gray Holmes & Ellis i
225 Franklin Street 47 Winnacunnet Road j
Boston, MA 02110 Hampton, NH 03842 j
Judith 11. ?!izner, Esq.
l Silverglate, Gertner, Baker i
Fine and Good i
88 Broad Street
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Boston, MA 02110 l
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Robert G. Perlis 4
Counsel for NRC Staff i
Trial Attorney I
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