ML20215E081

Applicant Motion for Summary Disposition of Town of South Hampton Contention 1.*

ML20215E081
Person / Time
Site:	Seabrook
Issue date:	06/11/1987
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20215D921	List: ML20215D918 ML20215D966 ML20215D992 ML20215E002 ML20215E030 ML20215E043 ML20215E068 ML20215E081 ML20215E103 ML20215E128 ML20215E181 ML20215E191 ML20215E197 ML20215E206 ML20215E217 ML20215E234 ML20215E246 ML20215E272 ML20215E323 ML20215E337 ML20215E362 ML20215E383
References
OL, NUDOCS 8706190248
Download: ML20215E081 (3)

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Dated: ' June 11,11987 i

i UNITED' STATES.0F AMERICA NUCLEAR-REGULATORY COMMISSION; beforeLthe-ATOMIC SAFETY AND. LICENSING' BOARD 1 1

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'In the' Matter of )

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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

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l APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF-TOWN OF SOUTH HAMPTON CONTENTION NO. 1 Pursuant'to 10 CFR 2.749, on the basis of the facts set' j forth in the " Affidavit of Richard H. Strome (TOSH 1)",'and for the reasons set forth below, Applicants moveLthe Board' to enter an order granting summary disposition in favor of the Applicants with respect to Town of South Hampton (TOSH) ,

Contention No. 1.

REASONS FOR GRANTING THE MOTION TOSH Contention No. 1 reads as follows:

The RERP for South Hampton fails to' provide " reasonable assurance" because, contrary to NUREG-0654'A.3, the plan includes no written agreements referring

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. to the concept of operations or signatures of local agencies.

Applicants' motion'for summary disposition of the above contention, filed on May 20, 1986, was denied to the extent j of deficiencies noted by FEMA and RAC in their review:

[T]he New Hampshire Towing Association letter of agreement of November 27, 1986 was unsigned and in the RAC review on June 2, 1986 of Volume 5, there was concern expressed that the letter of agreement also provided only for a

" genera) willingness" for the organization to provide emergency towing as needed and does not reflect a commitment of specific numbers of vehicles or drivers.

Memorandum and Order of November 4, 1986 at 4.

As set forth in the Affidavit of Richard H. Strome filed herewith, the letter of agreement with the New Hampshire Towing Association has been signed. Furthermore, there are currently eighteen (18) letters of agreement with towing companies for which commitments for the provision of 48 towing vehicles with respective drivers and crews as needed have been procured. The current letters'of agreement with the towing companies provide resources in excess of anticipated requirements.

j By their attorneys, P

Thomas G. Dignan, Jr.

George H. Lewald Kathryn A. Selleck Deborah S. Steenland Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100

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Q STATEMENT OF MATERIAL FACTS NOT IN DISPUTE

1. The letter of agreement with the New Hampshire Towing Association listed in Volume 5 of the New Hampshire Radiological Emergency Response Plan (NHRERP), has been signed by.the appropriate parties.

2. Volume 1 of NHRERP, Revision 2, states in Section 2.6 that:

"The state has also executed letters of agreement with private tow companies in and near the Seabrook EPZ. The letters are included in Volume 5 of the NHRERP."

3. There are currently eighteen (18) letters of agreement with tow companies. These companies commit to provide 48 towing vehicles with respective drivers and crews as needed.

4. The current letters of agreement with the towing ce npanies provide resources in excess of anticipated requirements.

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