ML20235M265
| ML20235M265 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/13/1987 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4032 OL, NUDOCS 8707170129 | |
| Download: ML20235M265 (7) | |
Text
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7/13/87 1
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u UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 JUL 15 P1 :58 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD E!L -
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in the Matter of
)
)
Docket Nos. 50-443 OL t
-PUBLIC SERVICE COMPANY OF
)
50-444 OL
'7 NEW HAMPSHIRE, et al.
)
Off-site Emergency Planning
)
(Seabrook Station, Units 1 and 2)
)
NRC STAFF'S RESPONSE TO APPLICANTS' MOTION FOR RECONSIDERATION l
On June 23, 1987, the Applicants filed a motion for reconsideration
(
of the Board's June 10, 1987 Order, to the extent that the Board denied I
l summary disposition of Kensington Contention 2 and Hampton Falls 1
Contention 4.
The Applicants attached two affidavits to their motion, addressing the concerns expressed by the Board in its Order denying summary disposition of these two contentions.
For the reasons set forth below, the Staff supports summary disposition of both contentions at this time.
A.
Kensington Contention 2.
As noted by the Board, this contention had been limited to an issue concerning "the means whereby TOK will receive emergency notification,
.namely, through the Rockingham County Dispatch Center" (Order, at 2).
The Board determined that the Applicants' affidavits satisfactorily addressed this issue, except that the Board required clarification that the l
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communications equipment for the Town of Kensington was " installed and operational" (Id., at 4). O in support of their motion for reconsideration, the Applicants have now filed an affidavit addressing the concern raised by the Board. 2_/
i Therein, the affiant states that "the equipment required to implement the
' ' communications capabilities as outlined in this affidavit is currently installed and operational at both the Rockingham County Dispatch Center and in the Town of Kensington." On this basis, the Applicants appear to have resolved the Board's concern.
Accordingly, the Staff supports summary disposition of Kensington Contention 2.
B.
Hampton Falls Contention 4.
As limited by the Board, this contention asserted that the plan for ao the Town of Hampton Falls was inadequate with respect to " compensatory measures and equipment necessary for notification of emergency response personnel" (Order, at 11).
The Board determined that the Applicants' affidavits provided support for their motion for summary disposition and that the Staff had an acceptable basis for supporting that motion (Order,
-1/
As noted by the Board (Order, at 3) on April 15, 1987, the Staff filed a response supporting the Applicants' motion for summary disposition of Kensington Contention 2.
Subsequently, on July 2, 1987, the Staff filed a response to further motions for summary disposition, in which it again supported summary disposition of this contention.
See "NRC Staff's Response to Motions for Summary Disposition of7ff-Site Emergency Planning Contentions," dated July 2,1987, at 2; and " Affidavit of Edward A. Thomas in Support of Certain Motions for Summary Disposition" at 3, attached thereto.
2/
" Addenda to Affidavit of Gary J.
Catapano ( TO K -2 ), " dated June 18, 1987.
I at 12). 3_/
However, the Board required a further showing as to l
"whether TOHF's communications equipment needs will be compensated by NHCDA as attested to in the Strome TOHF affidavit" (Id.). b in support of their motion for reconsideration of this contention, the Applicants have filed a further affidavit which specifically addresses the Board's concern.
- Therein, the affiant (1) states that
" adequate communications equipment currently exists and is operational" at the l
incident Field Office, the Rockingham County Dispatch Center, and other locations; (b) identifies the available radio and broadcast equipment; and (c) avers that "this equipment will support the communications necessary to allow the State to implement adequate compensatory measures in response to a radiological emergency in the Town of Hampton Falls." b The Applicants' affidavit appears adequately to address the concerns expressed by the Board in its Order of June 10, 1987. Accordingly, the Staff does not oppose the grant of summary disposition of Hampton Falls Contention 4.
-3/
See " Affidavit of Edward A. Thomas in Support of Certain Motions for Summary Disposition," dated April 15, 1987, at 4, attached to "NRC Staff's Answer to Motions for Summary Disposition of Off-Site Emergency Planning Contentions," dated April 15, 1987.
-4/
On July 2,
1987, the Staff filed a response to certain additional motions for summary disposition, in which it opposed summary disposition of Hampton Falls Contention 4, for the reason that the motion failed "to address the Board's concern, as expressed on page 12 of its Order ruling on motions for summary disposition, regarding whether Hampton Falls's [ sic] equipment needs will be compensated by NHCDA."
See " Affidavit of Edward A. Thomas in Opposition to Certain Motions for Summary Disposition", at 8,
attached to Staff Response of July 2,1987.
-5/
" Addenda to Affidavit of Gary J. Catapano (TOHF-4)," dated June 17, 1987.
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... r CONCLUSION For the reasons set forth' above, the Staff supports Applicants' motion for reconsideration of the Order denying summary disposition with respect to Kensington Contention 2 and Hampton Falls Contention 4.
Respectfully submitted,.
IwW
/
Sherwin E. Turk Senior Supervisory i.
Trial Attorney Dated at Bethesda, Maryland this 13th day of -July,1967 1
s 00L KUic.
pwr UNITED STATES OF AMERICA NUCLEAR REGULATORY. COMMISSION
'87 JUL 15 P1 :59 BEFORE THE ATOMIC SAFETY AND LICENSING BOARii[ggj g BP a rM in the Matter of
)
)
Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
) 444 OL l
- r NEW HAMPSHIRE, 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 APPLICANTS' - MOTION FOR RECONSIDERATION" in the above-captioned proceeding have been served on the-following by deposit. in - the United l
States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's Internal mail system, this 10th day of July,1987.
i Helen Hoyt, Esq., Chairman
- Gustave A. Linenberger, Jr.*
l Administrative-Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board l'
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 l
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 L
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 l
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' Stephen E. Merrill Paul McEachern, Esq.
i' Attorney General Matthew T. Brock, Esq.
George Dana Bisbee Shaines & McEachern Assistant Attorney 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 Angle Machiros, Chairman State Representative B.6ard 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 6 Solomon 100 Main Street 116 Lowell Street Amesbury, MA 01913 Manchester, NH 03106 Diane Curran, Esq.
Philip Ahren, Esq.
Harmon s Weiss Assistant Attorney General 2001 S Street, NW Office of the Attorney General Suite 430 State House Station #6 Washington, DC 20009 Augusta, ME 04333 Edward A. Thomas Thomas G. Dignan Jr., Esq.
i Federal Emergency Management Agency Ropes S 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 L
Washington, DC 20472 Exeter, NH 03833 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel
- Board
- l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 l
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' 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 Central Road Town Hall - Friend Street So,uth Hampton, NH 03287 Amesbury, MA 01913
~ 5fichael Santosuosso, Chairman Peter J. Matthews, Mayor Board of Selectmen City Hall South Hampton, NH 03287 Newburyport, MN 09150 l
Vir. Robert Carrigg, Chairman Judith H. Mizner, Esq. -
Board of Selectmen Silverglate, Gertner, Baker l
Town Office Fine and Good Atlantic Avenue 88 Broad Street North Hampton, NH 03862 Boston, MA 02110 R. K. Cad lil, Esq.
Mrs. Anne E. Goodman, Chairman Ropes & Gray Board of Selectmen l
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 Sherwin E. Turk Senior Supervisory Trial Attorney