ML20236T128
| ML20236T128 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/24/1987 |
| From: | Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#487-4897 OL-1, NUDOCS 8712010031 | |
| Download: ML20236T128 (7) | |
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00CMETED November 24 1 87 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
[fF(CEQ i
0C DRANCH before the ATOMIC SAFETY AND LICENSING APPEAL BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL-1 NEW HAMPSHIRE, et al.
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50-444-OL-1
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Onsite Emergency (Seabrook Station, Units 1 and 2)
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Planning and Safety
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Issues APPLICANTS' RESPONSE TO " CONTENTION OF ATTORNEY GENERAL JAMES M. SHANNON AND MOTION TO ADMIT LATE-FILED CONTENTION AND REOPEN THE RECORD" (AND ALTERNATIVE MOTION TO EXTEND TIME TO REPLY ON MERITS)
Under date of November 13, 1987, James M.
- Shannon, Attorney General for the Commonwealth of Massachusetts,
(" Mass AG") filed his " Contention.
. and Motion to Admit Late-Filed Contention and Reopen the Record" regarding siren coverage for the town of Newburyport, Massachusetts.
Since Applicants believe that Mass AG's motion should be denied without argument as a matter of law for the reasons set forth below, Applicants provide this response in advance of the due date of November 30, 1987.
Should this Appeal Board deter-mine that it is necessary to address the merits of the motion
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g PDR
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1 as.to matters of fact, however, Anolicants recuest additional time to-file such a further response to' December 18, 1987.1 l
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Introduction Since the Licensing Board rendered its partial initial 1
decision'on March 25, 1987, six siren polcs which constituted a part of the Seabrook early warning system in the City of
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l Newburyport, Massachusetts have been removed.
In response to j
a late-filed contention, on October 1, 1987, Applicants I
submitted to the Licensing Board the affidavits of James A.
i MacDonald and Louis C.
Sutherland, which affidavits stated in essence:
- 1) the sirens installed in communities contiguous to Newburyport provide coverage to portions of Newburyport,
- 2) additional means of notification will be provided by an.
I electronic siren system mounted on an aircraft, and 3) further, back-up means of notification will be provided by l
l mobile alerting arrangements.
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Mass AG, having had a similar motion denied for lack of jurisdiction, now seeks to have this Appeal Board direct the Licensing Board to reopen the evidentiary record and resolve issues raised by Mass AG regarding early notification to New-1 buryport.
Applicants oppose this motion.
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1 Applicants are informed by their consultant Wyle Laboratories that this additional time is necessary to respond in full to Mass AG's arguments on alternative notification by aircraft. _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ - _ -
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Araument i
Mass AG argues that Applicants' provisions for the
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I notification and clear instruction to the populace of Newburyport are insufficient to meet the requirements of 10 C.F.R. 5 50.47 (b) (5).
He has chosen the wrong method, j
however, for airing his disapproval of the Applicants' provisions.
At this stage in the licensing process, well j
1 after the closing of the evidentiary record, the proper means
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of instigating a review of his arguments is through the provisions of 10 C.F.R. 5 2.206.
In its recent decision on the similar East Kingston sirens issue, Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-879, NRC (November 20, 1987), this Appeal Board, in addressing the argument that an under appeal Superior Court decision had directed removal of sirens in two New Hampshire towns, made the observation:
"(I]f the directive to remove the poles in question is affirmed, the applicants obviously will have to subetitute for the sirens some other mechanism that will satisfy the regulatory requirement regarding
'early notification and clear instruction to the j
populace within the' EPZ.
If SAPL believes that j
the substitute proposed by the applicants is insufficient to meet that requirement, it will have means at its disposal to put that belief before the Commission.22 22 See, e.g.,
Slip op. at 8 and n.22 (footnote 21 omitted).
I The Newburyport sirens contention sponsored by Mass AG should be accorded the same treatment as the East Kingston f
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l siren contention sponsored by SAPL.
Both express disapproval l
with the Applicants current provisions for early notifica-tion and clear instruction to the populace within EPZ
-communities.
Both. argue that proper coverage is lacking.
Both can be addressed by the Commission under the provisions of'10 C.F.R. S 2.206.
Both are matters capable of resolution by objective measurement against objective standards and thus quintessentially matters which are properly committed to the Staff for resolution.
Reg-Louisiana Power and Licht Co2 a
(Waterford Steam' Electric Station, Unit 3), ALAB-732, 17.NRC 1076, 1104-05 (1983).
Neither provides sufficient grounds to reopen the evidentiary record in this case.
Conclusion l
Mass AG's " Contention.
and Motion to Admit Late-Filed Contention and Reopen the Record" should be denied.
By their attorneys, Tfionyfts G.
Dignan, Jr.
George H. Lewald Kathryn A. Selleck
]
Deborah S.
Steenland Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 I
t 1
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1 L
CERTIFICATE OF SERVICE DOCKETED l
USNRC i
I, Kathryn A.
Selleck, one of the attorneys for the I
Applicants herein, hereby certify that on November 24,h.@8L. 27 R2:05 1
l I made service of the within document by depositing co ksu thereof with Federal Express, prepaid, for delivery to (or I
where indicated, by depositing in the United States mas #rdCE OF SECREv# <
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first class, postage paid, addressed to):
00CKETING A SEWJCf.
]
BRANCH j
Alan S.
Rosenthal, Chairman Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing
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Appeal Panel Appeal Panel l
U.
S.
Nuclear Re'ulatory U.S.
Nuclear Regulatory l
g Commission Commission i
East West Towers Building East West Towers Building J
4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Atomic Safety and Licensing Mr. Ed Thomas Appeal Panel FEMA, Region I i
U.S.
Nuclear Regulatory 442 John W. McCormack Post Commission Office and Court House i
East West Towers Building Post Office Square 4350 East West Highway Boston, MA 02109 j
Bethesda, MD 20814 Administrative Judge Sheldon J.
Robert Carrigg, Chairman Wolfe, Esquire, Chairman Board of Selectmen Atomic Safety and Licensing Town Office Board Panel Atlantic Avenue U.S.
Nuclear Regulatory North Hampton, NH 03862 Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 Judge Emmeth A. Luebke Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss 5500 Friendship Boulevard Suite 430 Aptrtment 1923N 2001 S Street, N.W.
Chevy Chase, MD 20815 Washington, DC 20009 Dr. Jerry Harbour Stephen E.
Merrill, Esquire Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee, Esquire U.S.
Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 I
Bethesda, MD 20814
.o 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
-East-West Towers Building Commission 4350 East. West Highway Tenth Floor 1
Bethesda, MD 20814 7735 Old Georgetown Road' 1
Bethesda,-MD 20814 n
- Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon f
U.S.
Nuclear Regulatory 116 Lowell Street j
Commission P.O.
Box 516 Washington,.DC 20555 Manchester,'NH 03105 Philip Ahrens, Esquire Mr.
J.
P. Nadeau I
Assistant Attorney General
. Selectmen's Office l
Department of the Attorney 10 Central Road General-
' Rye, NH 03870 t
Augusta, ME 04333 l
i Paul McEachern,! Esquire-Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General l
Shaines & McEachern Department of the Attorney 1
25 Maplewood Avenue General P.O.
Box 360.
One Ashburton Place, 19th Flr.
Portsmouth, NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A.
Canney E
Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 l
- Senator.Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Board of Washington, DC 20510 Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950
- Senator Gordon J.
Humphrey Mr. Peter S. 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 i
10 Front Street Amesbury, MA 01913 I
Exeter, NH 03833 i
,j a
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1 i
H. Joseph Flynn,. Esquire Brentwood Board of Selectmen 4
Office of' General Counsel-RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency y
500 C. Street, S.W.
Washington, DC 20472 7
Gary W. Holmes, Esquire Richard A.
Hampe, Esquire l
Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301
.l Judith H. Mizner, Esquire Charles P.
Graham, Esquire Silverglate, Gertner, Baker, McKay, Murphy and Graham Fine, Good & Mizner 100 Main Street 88 Broad Street.
Amesbury, MA 01913 Boston, MA '02110 i
Ksth in~A. Selleck
(*=U.S. First Class Mail.)
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