ML20215B201
| ML20215B201 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/10/1986 |
| From: | Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1848 OL, NUDOCS 8612120071 | |
| Download: ML20215B201 (8) | |
Text
I l /rk DOLMETED USNRC Dated:
December 10, 1986 T6 DEC 11 P2:17 UNITED STATES OF AMERICA gg ry CCC' D...
i NUCLEAR REGULATORY COMMISSION pr
'.t-before the ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
)
Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues
)
)
APPLICANTS' ANSWER TO CONTENTIONS OF THE TOWN OF KENSINGTON TO NEW HAMPSHIRE RADIOLOGICAL RESPONSE PLAN REVISION 2 Applicants respond to the Contentions of the Town of l
Kensington ("TOK") to the New Hampshire Emergency Response Plan Revision 2, dated and sent to parties November 26, 1986, as follows:
TOK REVISED CONTENTION 2 l
"The NHRERP, Revision 2 for 'TOK' does not provide for adequate ' notification, by the licensee, of State and local response organizations, and for notification of emergency response personnel by organizations, as required by 10 CFR 50.47 (b) (5).
Provision for R
O
s e
notification of the town emergency response organization is inadequate in that it depends upon notification through the Rockingham County dispatch "
TOK Revised Contention 2 presents a non-issue.
TOK's Contention 2 was dismissed by this Board in its Memorandum and Order of November 4, 1986, pp. 31-33, except for a demonstration that the purchased " communication package" for the Town of Kensington has been and is available for installation in Kensington EOC.
The new basis for TOK Revised Contention 2, asserted here is that "TOK will no longer be using Rockingham County dispatch as of the end of 1986."
This fact in the event it occurs at some future date is given effect by NHRERP Appendix C5 - Kensington Emergency Resources and Equipment -
Vol. 29 Rev.
2.
"A new communication system has been prepared for the Town of Kensington.
When the communication system has been installed, an inventory of the equipment will be included in the Appendix."
TOK Revised Contention 2 pleads no issue.
TOK CONTENTION 3
" Contention 3 of the CONTENTIONS FILED BY 2dE TOWN OF KENSINGTON, NH RELATIVE TO THE RADIOLOGICAL EMERGENCY RESPONSE PLAN FOR THE TOWN OF KENSINGTON PREPARED BY THE NEW HAMPSHIRE STATE CIVIL DEFENSE AGENCY, FEBRUARY 24, 1986, previously filed by 'TOK' with this Board, and basis for same are hereby realleged and incorporated by reference." _
i TOK Contention 3 was rejected by this Board in its Memorandum and Order of April 29, 1986, p.16.
No new basis is given for its admission in relation to NHRERP Revision 2.
The Contention should be rejected.
TOK REVISED CONTENTION 4 "The NHRERP, Revision 2 for 'TOK' does not provide reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at Seabrook Station, as required by 10 CFR 50.47 (a)(1), because the Kensington Elementary School provides inadequate radiological protection."
TOK Contention 4, essentially similar to that of TOK Revised Contention 4, was admitted by the Board in its Memorandum and Order of April 29, 1986, pp. 16-17.
In light of that ruling Applicants do not oppose admission of Revised Contention 4.
TOK REVISED CONTENTION 6 "The NHRERP, Revision 2 for 'TOK' does not provide adequate arrangements for effectively using assistance and resources as required by 10 CFR 50.47 (b) (3) because there are not appropriate letters of agreement to identify support organizations and other facilitics which are to provide assistance."
TOK Contention 6 was previously admitted'by this Board in its Memorandum and Order of April 29, 1986, pp. 18-20, as limited to signed agreements with transportation companies and private towing companies, which limitation was -
e reaffirmed in the Board's Memorandum and Order of November 4, 1986, pp.
5-6.
Accordingly, Applicants do not oppose admission of Revised Contention 6 on the same limited basis but otherwise oppose admission of the Contention for the reasons stated by this Board in its aforementioned l
Memoranda and Orders.
TOK REVISED CONTENTION 10 "The NHRERP, Revision 2 for 'TOK' does not provide for communications with contiguous State / local governments within the plume exposure pathway EPZ, as required by 10 CFR 50.47 App.
E,E.
(9) (a), because provisions for communications with the State government are inadequate."
TOK Revised Contention 10 advances the same matters as TOK Contention 10 which, after admission by this Board in its Memorandum and Order of April 29, 1986 was dismissed by the Memorandum and Order of November 4, 1986, (pp. 32-33),
subject to a demonstration that the purchased communication package for TOK has been and is available'for installation in Kensington EOC.
The Contention should be excluded.
CONTENTION 13
" Contention 3 of the CONTENTIONS FILED BY THE TOWN OF KENSINGTON, NH RELATIVE j
TO THE RADIOLOGICAL EMERGENCY RESPONSE PLAN FOR THE. TOWN OF KENSINGTON PREPARED i
l BY THE NEW HAMPSHIRE STATE CIVIL DEFENSE AGENCY, FEBRUARY 24, 1986, previously filed by 'TOK' with this Board, and basis for same are hereby realleged and incorporated by reference." -
q
+
t 4
I
" Contention 3" (sic],
i.e.,
Contention 13, previously filed with the Board on the same basis which is incorporated here should be dismissed for reason that the Board has already ruled upon and excluded the Contention as stated in the Board's Memorandum and Order of April 29, 1986, pp. 24-25.
Respectfully submitted,
/
Thomas G.
Dignan, Jr.
R.
K.
Gad III Kathryn A.
Selleck Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 Counsel for Applicants
.t.
4 DOLMEIE?
WillRC CERTIFICATE OF SERVICE I,
Kathryn A. Selleck, one of the attorneys for $se DEC 11 P2:17 Applicants herein, hereby certify that on December 10, 1986, I made service of the within document by depositing gopies y,
are thereof with Federal Express, prepaid, for delivery knX(orJ /. M PWD where indicated, by depositing in the United States mail,ERIEM first class postage paid, addressed to):
Administrative Judge Helen Hoyt, Robert Carrigg,. Chairman Chairperson, Atomic Safety and Board of Selectmen Licensing Board Panel Town Office U.S. Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Dr. Emmeth A.
Luebke Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S. Nuclear Regulatory Assistant Attornay General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814
- Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814
- Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street i
U.S. Nuclear Regulatory P.O.
Box 516
-l Commission Manchester, NH 03105 Washington, DC 20555
b t
Philip Ahrens, Esquire Mr. J.
P.
Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J.
Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950
- Senator Gordon J. Humphrey Mr. Peter J. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H.
Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301.-
4 i
Mr. Ed Thomas Judith H. Mizner, Esquire EEMA, Region I
_Silverglate, Gertner, Baker, 442 John W.
McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 i
Boston, MA 02109 Charles Pi Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913 4
j)-
Kathryn A.
Selleck
(*= Ordinary U.S.
First Class Mail.)
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