ML20236C233
| ML20236C233 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/07/1989 |
| From: | Chan E, Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#189-8278 OL, NUDOCS 8903220035 | |
| Download: ML20236C233 (6) | |
Text
____ ______
S2'lfi' 03/07/89 FXn!.iED i
U^.NHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 NAR 13 A10:32 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Uh4
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muw In the Matter of Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, et a_1 Off-site Emergency Planning (Seabrook Station, Units 1 and 2)
NRC STAFF'S PRE-TRIAL BRIEF ON CONTENTIONS CONCERNING THE SEABROOK PLAN FOR MASSACHUSETTS COMMUNITIES (SPMC) 1 Introduction l
In accordance with the Licensing Board's directive, the NRC Staff I
submits this trial brief summarizing the NRC Staff's position and 1
testimony on admitted contentions on " purely SPMC" issues.
A further j
trial brief will be submitted later, in accordance with the Board's scheduling order, addressing exercise and mixed issues.
I.
NRC Staff's Position on Admitted SPMC Contentions 1
Based on a Memorandum of Understanding between the Federal Emergency Management Agency (FEMA) and the NRC, 50 FR 15485 (April 18, 1985), the Staff generally defers to FEMA's judgment as to the adequacy of offsite emergency planning and preparedness measures for Massachusetts portions of the Seabrook Station emergency planning zone.
Except with respect to evacuation time estimate issues raised in JI Contentions 4 and 7A (as to which the Staff will present the testimony of Dr. Thomas Urbanik), the Staff does not intend to present any testimony on pure SPMC issues.
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all other respects, the Staff does not take any position on pure SPMC issues that is different from the position taken by FEMA.
In this regard, the Staff accepts and relies upon FEMA's December 14, 1988 report, " Review and Evaluation of the Seabrook Plan for Massachusetts Communities" (SPMC Report), concerning the adequacy of the SPMC.
II. NRC Staff Testimony The NRC Staff intends to present the testimony of Dr. Thomas Urbanik concerning traffic management issues associated with the evacuation time estimates for Massachusetts portions of the Seabrook Station EPZ.
These issues are raised by JI Contentions 4 and 7A.
Based upon his review of the SPMC traffic management plan, Dr. Urbanik has concluded that this aspect of the SPMC is generally adequate, although certain refinements and revisions should be made; these improvements are identified in response to Questions 28 and 31 of Dr. Urbanik's testimony. Dr. Urbanik further indicates that with these modifications, the evacuation time estimates may be expected to remain unchanged, although some additional identifi-cation of traffic control devices may be in order.
III. Resources Available to the Commonwealth of Massachusetts The Staff does not presently anticipate introducing evidence as to the resources available to the Commonwealth of Massachusetts in the event 1
I of a radiological emergency, in light of certain voluntary statements made by the Massachusetts Attorney General (Mass AG) and prior rulings of i
the Licensing Board.
Nonetheless, the Staff may determine to introduce 1
f I
- j. 4 certain information in this regard provided by the Mass AG in response to l
l discovery requests, should this prove to be necessary and appropriate.
Respectfully submitted,
" -y Elaine I. Chan Counsel for NRC Staff Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Rockville, Maryland this 7tn day of March, 1989 l
l 7,;
H GL*Eitr UNITED STATES OF AMERICA N
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'89 MAR 13 A10:32 In the. Matter of
)
Docket Nos. 50-443I'4LSim >. ~ Wh l
n PUBLIC SERVICE COMPANY OF 50-444 OL N"
NEW HAMPSHIRE, e_t,,a_1,.
Off-site Emergency Planning Issues (Seabrook Station, Units 1 and 2)
CERTIFICATE OF SERVICE I hereby. certify that copies of "NRC STAFF'S PRE-TRIAL' BRIEF ON CONTENTIONS CONCERNING THE-SEABROOK PLAN FOR MASSACHUSETTS COMMUNITIES (SPMC)"
and
" TESTIMONY OF THOMAS URBANIK 17 nN BEHALF 0F THE NRC STAFF ON JOINT INTERVENOR CONTENTIONS 4 AND 7A (SPMC)" in the above captioned proceeding have been served i
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, or as indicated by double asterisks, by express mail, this 7th day of March 1989:
Ivan W. Smith,. Chairman (2)*
Philip Ahrens. Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Comission State House Station Washington, DC 20555 Augusta, ME 04333 i
Richard F. Cole
- John Traficonte 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 l
Kenneth A. McCollom**
Geoffrey Huntington, Esq.
Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 74075 25 Capitol Street Concord, NH 03301
~
James H. Carpenter, Alternate
- Administrative Judge Diane Curran, Esq.**
Atomic' Safety & Licensing Board Harmon, Curran & Tousley l
U.S. Nuclear Regulatory Commission 2001 S Street, NW Washington, DC 20555 Suite 430 Washington, DC 20009 Thomas G. Dignan, Jr., Esq.**
Robert K. Gad, III, Esq.
Robert A. Backus, Esq.**
Ropes & Gray Backus, Meyer & Solomon One International Place 116 Lowell Street Boston, MA 02110-2624 Manchester, NH 03106 l
l
.,1 s.
u.
H. J. Flynn, Esq.
Judith H. Mizner, Esq.**
Assistant General Counsel 79 State Street
' Federal. Emergency Management' Agency Newburyport, MA' 01950 500 C Street S.W.
Washington, DC 20472 Robert Carrigg, Chairman-Board of Selectmen Paul McEachern. Esq.**
Town Office Shaines & McEachern Atlantic Avenue 25 Maplewood Avenue North Hampton, NH 03862 P.O. Box 360 Portsmouth, NH 03801 William S. Lord Board of Selectmen Charles P. Graham, Esq.
Town Hall - Friend Street McKay, Murphy & Graham
.Amesbury, MA 01913 100 Main Street Amesbury, MA 01913 Mrs. Anne E. Goodman, Chairman Board of Selectmen Sandra Gavutis, Chairman 13-15 Newmarket Road Board of Selectmen Durham, NH 03824 RFD #1, Box 1154 Kensington, NH 03827 Kensington, NH 03827 Hon. Gordon J. Humphrey Calvin A. Canney United States Senate City Hall-531 Hart Senate Office Building 126 Daniel Street Washington, DC 20510 Portsmouth, NH 03801 Richard R. Donovan R. Scott Hill-Whilton, Esq.**
Federal Emergency Management Lagoulis, Clark, Hill-Whilton Agency
& McGuire Federal Regional Center 79 State Street 130 228th Street, S.W.
Newburyport, MA 01950 Bothell, Washington 98021-9796 Allen Lampert Peter J. Matthews, Mayor Civil Defense Director City Hall Town of Brentwood Newburyport, MA 01950 20 Franklin Exeter, NH 03833 Michael Santosuosso, Chairman Board of Selectmen William Armstrong South Hampton, NH 03827 Civil Defense Director Town of Exeter Ashod N. Amirian, Esq.**
10 Front Street Town Counsel for Merrimac j.
Exeter, NH 03833 145 South Main Street P.O. Box 38 i
Gary W. Holmes, Esq.
Bradford, MA 01835 l
Holmes & Ellis 47 Winnacunnet Road Barbara J. Saint Andre, Esq.**
Hampton, NH 03842 Kopelman and Paige, P.C.
77 Franklin Street Boston, MA 02110 t
.. Ms. Suzanne Breiseth J. P. Nadeau Board of Selectmen Board of Selectmen Town of Hampton Falls 10 Central Street Drinkwater Road Rye, NH 03870 Hampton Falls, NH 03844 Atomic Safety and Licensing Robert R. Pierce, Esq.*
Board Panel (1)*
Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Ms. Elizabeth Weinhold 3 Godfrey Avenue-Atomic Safety and Licensing Hampton, NH 03842 Appeal Panel (5)
U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 e'
Sherwin E. Turk Counsel for NRC Staff
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