ML20236N924
| ML20236N924 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/31/1987 |
| From: | Steenland D PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4164 OL, NUDOCS 8708120154 | |
| Download: ML20236N924 (6) | |
Text
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~,:3 DCC {ijk Filed:
July 31, 1987 7
G -4 P2 :04 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
[r:
U L" before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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NEW HAMPSHIRE, et al.
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Docket Nos. 50-443-OL
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50-444-OL
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(Offsite Emergency Planning
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Issues)
(Seabrook Station, Units 1 and 2)
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RESPONSE OF APPLICANTS TO JOINT MOTION TO ADMIT LATE-FILED CONTENTION i
On July 20, 1987 the Massachusetts Attorney General, Seacoast Anti-Pollution League (SAPL), New England Coalition on Nuclear Pollution (NECNP) and the Town of Hampton (TOH) filed a motion (" Joint Motion") to admit a late-filed contention regarding the interim vote of the City of Manchester to reject a recommendation that it participate in the-New Hampshire Radiological Emergency Response Plan as a l~
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87081D0154 87073j hDR ADOCK 0500044r 50'3)
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host community.
The Interveners' joint motion should be L
denied because the contention is premature.
l As the Interveners themselves point out in the joint motion, the June 2, 1987 vote by the City of Manchester Board of Mayor and Alderman is subject to reconsideration.
See Joint' Motion at n.1.
As such this interim vote is not the proper basis for a contention.
Indeed the admission of I
a contention merely anticipating some final action would i
contravene the well established policy of the Licensing Board to conduct efficient ~ proceedings.
See Georgia Power Company (Vogtle Electric Generating Plant, Units 1 and 2)
LBP-84-49 20 NRC 1457, 1461 (1984) ("it would be premature
.to base a contention on matters that are wholly in the realm of speculation and may be non-existent.")
In addition, Interveners assert in the contention that the.NHRERP, Rev.2 does not meet regulatory requirements "because even if the City of Manchester was-to reconsider its decision not to participate in the NHRERP as a host l
community, the New Hampshire Civil Defense Agency has stated that Manchester will not serve as a relocation center for evacuees from Hampton Beach and no alternative relocation center for Hampton Beach evacuees is provided in the j
NHRERP."
Joint motion at 6.
Interveners are apparently referring to a statement of the New Hampshire Civil Defense Agency that evacuees from Hampton Beach would not be l l
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" instructed" to report to reception facilities in Manchester.
Joint Motion at 7.
That statement is correct as no evacuee will be " instructed" in the sense of
" commanded" to go to a reception area.
The informational data and announcements direct evacuees from certain towns to designated areas.
The directions are guides, however, not orders.
See NHRERP, Rev.2, Volume 4, Appendix G.
From the statement that evacuees from Hampton Beach will not be
" instructed" to report to the Manchester relocation center, the Interveners apparently draw the inference that evacuees from Hampton Beach wil: be prohibited from reporting to the Manchester center.
This is erroneous.
By their attorneys, fL
\\ b, 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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CERTIFICATE OF SERVICE I
I, Deborah S. Steenlan'd, one of the attorneys for ewe AUG -4 P2 :04 Applicants herein, hereby certify that on July 31, 1987, I made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery toMIor,y where indicated, by depositing in the United States mail, 6s 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 Judge Gustave A.
Linenberger 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 Attorney General Commis si on 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 East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Bethesda, MD 20814 Bethesda, MD 20814
- Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O.
Box 516 Commission Manchester, NH 03105 Washington, DC 20555
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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 Papartment of the Attorney General 3
25 Maplewood Avenue One Ashburton Place, 19th Floor j
P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 1
Mrs. Sandra Gavutis Mr. Calvin A. Canney j
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 -------------J
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-Mr. Ed' Thomas Judith H. Miznr;, Esquire FEMA, 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 Boston, MA 02109-Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street-
.Amesbury, MA '01913 Deborah S.
Steenland i.
(*= Ordinary U.S. First Class Mail.)
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